41The pension scheme at issue in the main proceedings is determined directly by statute. While that fact undoubtedly indicates that the benefits paid under that scheme are social security benefits (see, inter alia, Case 80/70 Defrenne [1971] ECR 445, paragraphs 7 and 8, and Case C-109/91 Ten Oever [1993] ECR I-4879, paragraph 9), it is not in itself sufficient to exclude such a scheme from the scope of Article 119 of the Treaty (see, in particular, Beune, cited above, paragraph 26).
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