32Second, where, as in the case in the main proceedings, the national legislation applies to the acquisition of the right to a pension for incapacity for work resulting from an accident at work which occurred before the date of entry into force of Regulation No 1408/71 in the Member State where the pension is claimed, it must be pointed out, first, that the determination of a pension entitlement acquired after the accession of the Republic of Austria to the European Union, even as the result of a contingency which materialised before that date, must be effected by the Austrian authorities in accordance with the provisions of the Treaty on freedom of movement for workers (see, to that effect, Kauer, cited above, paragraph 45).
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