Judgment_paragraph 4 · Office national des pensions (ONP) v Gioconda Camarotto and Giuseppina Vignone (C-52/99, C-53/99)

4In previous judgments (see, in particular, Joined Cases C-90/91 and C-91/91 Di Crescenzo and Casagrande [1992] ECR I-3851), the Court has held that a worker is entitled to the higher amount of the benefits which would be due under national law alone and under Community law. Where the competent institution determines the benefit due under Community law, it must not take account of the national rules against overlapping pursuant to Article 12(2) of Regulation No 1408/71 but must, if necessary, adjust the amount of the benefit payable, in accordance with the rule limiting overlapping as formerly laid down in Article 46(3) of that regulation.