58Moreover, as is apparent from the case-law of the Court of Justice, the legislation of the Union on the co-ordination of national social security legislation, taking account in particular of the underlying objectives, cannot, save in the case of an express exception in conformity with those objectives, be applied in such a way as to deprive a migrant worker or those claiming under him of the enjoyment of benefits granted simply by virtue of the legislation of a Member State (see, to that effect, Case 100/78 Rossi, [1979] ECR 831, paragraph 14; Case 733/79 Laterza [1980] ECR 1915, paragraph 8; Case 807/79 Gravina [1980] ECR 2205, paragraph 7; Case 320/82 D’Amario [1983] ECR 3811, paragraph 4; and Kromhout, paragraph 21). It follows that it would not be in accordance with the said objectives to interpret a provision for preventing overlap, such as Article 10 of Regulation No 574/72, in such a way as to lead to the actual grant of an amount which is less than either of those benefits taken individually (see in particular, by analogy, Rossi, paragraph 14 et seq.; Case 104/80 Beeck [1981] ECR 503, paragraph 12; and Kromhout, paragraph 21).
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