Lio Bettaccini v Fonds National de Retraite des Ouvriers Mineurs. (Social security for migrant workers) [1994] EUECJ C-301/93 (22 September 1994)

Lio Bettaccini v Fonds National de Retraite des Ouvriers Mineurs. (Social security for migrant workers) [1994] EUECJ C-301/93 (22 September 1994)

Article 51 of Regulation No 1408/71 precludes recalculation of an invalidity pension in one Member State due to the grant in another Member State of an allowance that is a family benefit, as such allowances are not governed by the recalculation provisions applicable to invalidity pensions.

Citation
[1994] EUECJ C-301/93
Parties
Plaintiff: Mr Bettaccini; Defendant: FNROM
Jurisdiction
European Union
Judgment Date
22 September 1994
Procedural Posture
Preliminary Ruling / Reference From National Court
Outcome
Preliminary ruling issued; recalculation of invalidity pension precluded in these circumstances.
Legal Topics
Invalidity Pensions, Family Benefits, Regulation (eec) No 1408/71, Calculation of Social Security Benefits, Anti Overlapping Rules
European Union Law Social Security Law Invalidity Pensions Family Benefits Regulation (eec) No 1408/71 Calculation of Social Security Benefits Anti Overlapping Rules

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Parties

Mr Bettaccini

Plaintiff

FNROM

Defendant

Procedural Posture

Preliminary Ruling / Reference From National Court

Legal Issues

  1. 1 Whether a family unit allowance granted in Italy should be considered in recalculating a Belgian invalidity pension under Regulation No 1408/71
  2. 2 Whether Article 51 of Regulation No 1408/71 permits recalculation of invalidity pensions due to the grant of a family benefit in another Member State

Ratio Decidendi

Article 51 of Regulation No 1408/71 precludes recalculation of an invalidity pension in one Member State due to the grant in another Member State of an allowance that is a family benefit, as such allowances are not governed by the recalculation provisions applicable to invalidity pensions.

Court Disposition

Preliminary ruling issued; recalculation of invalidity pension precluded in these circumstances.