66 / 300
e
xciting venture. Who should do it? There is no mono-
1 °listic claim and one should avoid regarding the
su
bject as a kind of theology. Obviously an interest in
"bernational and comparative law coupled with com-
^
er
cial law is a natural starting point, but since
.
0l
rnnunity law embraces such a variety of subjects
Instruction lends itself to team work, to the pooling of
n
°vvledge and experience, as it can be regarded simply
ar
> extension, an extra dimension, of one's own
Tecialisation. This is not inconsistent with my aversion
^ instruction by injection.
It would be unwise to look for a superman, especially
if he were to have no more than the minimum qualifi-
cation and no experience abroad. The head of depart-
ment should look for a team rather than a single
wizard. As for the instructor, he would do well to
remember that understanding of the law is far more
important than encyclopaedic knowledge for, as com-
fortingly remarked by Celsus, "
scire leges non hoc est
verba earum tenere, sed vim a cpotestatem"
1
: To know
the laws is not to observe their mere words but their
force and power. (Dig. 1, 3, 17.)
EEC migrants entitled to pension benefits
between Bestuur der Sociale Verzekeringsbank (board
g V
16
Social Insurance Bank), Amsterdam, and Mrs. B.
j^ueja Es en-Kuepferdreh (Federal Republic of Ger-
ft
an
y) referred for preliminary decision by the Centrale
*
a
ad van Beroep (Netherlands),
before the President,
Judge
R.
Lecourt, and Judges
A n
• iJonner, M. Sorensen, R. Monaco, J. Mertens de
Clinic
Facts
l a r s
, P. Pescatore, C. O'Dalaigh.
Article 8 of Council Regulation No. 3 (social security
biigrant workers) and Article 3, paragraph 1 of
e
?ulation 1408471 provide that migrant workers shall
n
joy the benefits of social security legislation of Mem-
Der
States to the same extent as nationals.
^ Article 10, paragraph 1 of both Regulation No. 3 and
*
e
k
r
ulation No. Í 408/71 provide, in substance, that
j bsions, benefits and allowances acquired under the
W a t i o n of one or several member states shall not
^ "
e
r reductions on account of the beneficiary's r-i
b
Ce
in another member state.
rrom 1 January 1957 the sickness and old-age in-
SUr
ance scheme in the Netherlands was replaced, as
re
Sards old-age pensions, by a general old-age insurance
£heme extended to all residents. Since this Act (in
^bort AOW) extended the benefit of old-age pensions
non-wage earners and since the amount of pensions
Ranted to wage-earners under the old scheme was not
Ver
y high, the AOW provided for transitory arrange-
bients under which whoever was aged 15 but le s than
°n 1 January 1957 was held to have been insured
r
om the age of 15 to 1 January 1957 provided he had
re
sided in the Netherlands during the six years preced-
'bg the date on which he became 59 years old. Article
°f the AOW lays down that these provisions shall
a
Pply to Dutch nationals habitually residing in the
et
herlands. Article 45 provides that these conditions
[V
a
y be waived or amended by administrative regula-
r s .
Mrs. Smieja, a German national redding in the
ederal Republic of Germany at the time she became
- and still residing there now, obtained, by decision of
be Sociale Verzekeringsbank dated 10 December 1970
?
n
old-age pension in respect of periods of affiliation
1,1
the Netherlands amounting to 45.6 per cent of the
Pension she would normally have enjoyed under the
^W. The Verzekeringsbank had established this
amount in accordance with the Dutch-German con-
vention of March 1961, made pursuant to Article 7 of
Council Regulation No. 3.
Mrs. Smieja appealed against this decision before the
Dutch administrative court (Raad van Beroep) in
Amsterdam. I n the course of proceedings the Verzeker-
ingsbank changed its legal submissions and argued that,
inasmuch as Articles 8 and 10 of Council Regulation
No. 3 were applicable, it had erred in calculating the
appellant's pension. It accordingly requested the court
to rescind its decision of 10 December 1970.
The Raad van Beroep held that the Verzekeringsbank
had been right in its original decision, and was wrong
in its argument produced in the course of proceedings.
It upheld the bank's original decision.
The bank then appealed to the Centrale Raad van
Beroep in Utrecht on the ground that doubts persisted
as to the proper interpretation of Articles 8 and 10 of
Regulation No. 3. The Centrale Raad van Beroep re-
ferred the case for interpretation to the European
Court.
The Centrale Raad's specific question submitted to
the court at Luxembourg concerned the meaning of
such terms as ". . . social secutuiry legislation of all mem-
ber states" in Article 8 of Regulation No. 3. ". . . legisla-
tion of all member states" in Article 3, paragraph 1 of
Regulation No. 144)8/71; " . . . pursuant to the legisla-
tion of one or several member states" in Article 10,
paragraph 1 of Regulation No. 3, and ". . . under the
legislation of one or several member states" in Article
10. paragraph 1 of Regulation 1408/71.
In other words, "should these various rules be held
to complement each other so as to liberalize conditions
of nationality and residence to a degree corresponding
to a Community citizenship and a Communitv territory?
Or were these rules completely unrelated?"
Judgment
The court held that the provisions should be viewed
in the light of such Community law rules as the prin-
ciple of non-discrimination between nationals of mem-
ber states. In particular the term "acquired", appearing
in Article 10, paragraph 1 of both Regulation No. 3
and No. 1408/71 should be deemed to mean that the
protection allowed shall include benefits granted under
national schemes, and increases of such benefits.
{The Times,
12/11/1973)
European Commission Posts in Brussels
during 1973 the regulations governing the recruit-
ment of
s
tafT to the European Institutions were sus-
pended so as to permit Irish, British and Danish citizens
0
be appointed to all career levels. This exercise has
been completed and citizens of the three new coun-
t s have been slotted into posts ranging from Director-
•eneral downwards.
100
Since 1 January 1974 the Personnel Statute is fully
functioning again which means that entry to the middle
grade posts is by promotion from within the service
and that candidates from the three new countries will
compete equally with candidates from the six old coun-
tries in the competition, for joining the service.
The staff establishment of the Commission is divided