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GAZETTE
APRIL 1977
immediately after the period of study of an occupation in
which he was subject to
Belgian
law on retirement and
survivor's pensions for employed persons.
The dispute led the Tribunal du Travail, Charleroi, to
ask the Court of Justice whether the requirement that the
person concerned must have been employed, in this case
in Belgium, immediately after the period of study, is
affected by Article 9 of Regulation No. 1408/71, as being
a clause under which admission to voluntary or optional
continued insurance is made conditional upon the
obligation to complete an insurance period, or by any
other provision of a Community Regulation.
Article 9 (2) of Regulation No. 1408/71 provides that
"Where, under the legislation of a Member State,
admission to voluntary or optional continued insurance is
conditional upon completion of insurance periods, any
such periods completed under the legislation of another
Member State shall be taken into account, to the extent
required, as if they were completed under the legislation of
the first State."
The plaintiff in the main action states that the regular-
ization of periods of study for the purpose of determining
the pension rights of the employed person is a matter of
admission to continued voluntary or optional insurance
involving the application of the Community legislation.
The Court stated that the assimilation of periods of study
to periods of employment is devoid of purpose unless it
gives those concerned the benefit of insurance for the
periods in question subject to their paying the
contributions prescribed by the national legislation.
The Court has ruled that the expression "voluntary or
optional continued insurance" appearing in Article 9 (2)
of Regulation No. 1408/71 covers assimilation to periods
of employment for the purposes of insurance in respect of
periods of study, whether or not there is any continuation
of existing insurance.
KILLARNEY 1977
Solicitors' European Group
of the English Law Society
|olnt meeting with
The Incorporated Law Society of Ireland
Great Southern Hotel, Killarney
(16-19 June 1977)
LECTURES
Impact of EEC Legislation on Business Law
Speaker
Ray Snow, Lecturer, College of Law, London.
Business Law in the EEC
Speakers
John Fish, Solicitor, and John D. Cooke, Barrister-
at-Law.
Ireland as a Tax Haven
Speaker
Anthony E. Collins, Solicitor.
Nature and Enforcement of Matrimonial Rights
Speakers
Alan J. Shatter, Solicitor, and an English Solicitor.
Detailed programmes and registration forms are
available from the Incorporated Law Society of
Ireland, Blackhall Place, Dublin 7.
Independent Advice
Regarding
Interests in Settled Property
and
Claims for Damages
BACON & WOODROW
Consulting Actuar ies
58 Fitzwilliam Square
Dublin 2 (Te l ephone 7 6 2 0 3 1 )
A L A I N
C H AWN ER
FINE ART AUCTIONEERS
The Stable Galleries, Charlestown,
Ardee, Co. Louth. Tel. 041-4259
SPECIALISTS IN THE SALE OF ANTIQUES
Probate Valuations a speciality
THE LAW OF STAMP DUTIES
Second Edition
The
Second Revision
of the above loose-leaf
volume has now been published: price 40p (postage
1 lp extra). This Second Revision incorporates the
provisions relating to Stamp Duties contained in the
Finance Acts, 1974 and 1975.
The volume containing the second edition costs
£4.00 (postage 52p extra). In addition the First
Revision costs 45p (postage 1 lp extra).
Available from:
The Government Publications
G.P.O. Arcade
Dublin 1
57