Judgment_paragraph 17 · Aldegonda van den Booren v Rijksdienst voor Pensioenen (C-127/11)

17The arbeidsrechtbank te Tongeren further found that there had also been no infringement of the fundamental freedom of movement of workers. In its view, the judgments cited in that regard by Mrs van den Booren (Case C-165/91 van Munster [1994] ECR I-4661 and Case C-262/97 Engelbrecht [2000] ECR I-7321) concerned different situations. According to that court, Article 52(1) of the Royal Decree of 21 December 1967 applied without distinction both to Belgian nationals who have always remained in Belgium and to migrant workers, and the application of the rule contained in that Article 52 did not lead to any reduction in Mrs van den Booren’s overall income.