16By judgment of 10 January 1996 the Arbeidsrechtbank declared the action well founded and declared that Mr Engelbrecht was entitled to a Belgian retirement pension at the household rate. On the one hand, that court considered that it followed from the judgment of the Court of Justice in Case C-98/94 Schmidt v Rijksdienst voor Pensioenen [1995] ECR I-2559 that benefits calculated or provided on the basis of the periods of employment of two different people cannot be treated as benefits of the same kind within the meaning of Article 46a of Regulation No 1408/71, as amended. On the other hand, it considered that strict application of the national legislation in question in the main proceedings was contrary to Community law, more specifically to the EC Treaty and the principle of freedom of movement for workers.
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