Caisse regionale de securite sociale du nord de la France v Achille Torrekens (Judgment): ECJ 7 May 1969

Europa 1. Procedure – questions referred for preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Social security for migrant workers – old-age and death pensions – aggregation – application of legislation mentioned in annex b to regulation no 3 including non-contributory schemes (regulation no 3, article 27, annex b) 3. Social security for migrant workers – regulation no 3 of the council concerning social security for migrant workers – conventions referred to in article 6(2)(e) and in annex d – scope of regulation no 3 – interpretation of the said conventions. 1. The considerations which may have led the national court to choose the questions referred to the court for a preliminary ruling as well as the relevance which it attaches to them in the proceedings pending before it cannot be examined by the court. Article 177, which is based on a clear separation of functions between the national courts or tribunals and the court of justice, does not enable the latter to rule on the application of the provisions of community law. 2. The system of aggregation provided for by article 27(1) of regulation no 3 of the council of the EEC concerning social security for migrant workers also applies to the legislation mentioned in annex b, whether it establishes a contributory or non-contributory scheme. 3. It is clear from article 6(2)(e) that regulation no 3 is not intended to detract from the provisions of the conventions concluded before it entered into force. The regulation continues to apply to the extent to which these conventions do not impede its application. It is for the national court to decide what effect the conventions listed in annex d have.




Updated: 10 April 2022; Ref: scu.131979