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25.7.

98 EN Official Journal of the European Communities C 234/1

I
(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT Registrar, has given a judgment on 7 May 1998, in which
it has ruled:
(Fifth Chamber)
of 7 May 1998
1. On a proper construction of Article 78(2)(b) of
in Case C-113/96 (reference for a preliminary ruling from Regulation (EEC) No 1408/71 of the Council of
the Bundessozialgericht): Manuela Gómez Rodríguez and 14 June 1971 on the application of social security
Gregorio Gómez Rodríguez v Landesversicherungsanstalt schemes to employed persons, to self-employed
Rheinprovinz (1) persons and to members of their families moving
within the Community, as amended and updated by
(Social security for migrant workers Ð Orphans' benefits)
Council Regulation (EEC) No 2001/83 of 2 June
(98/C 234/01) 1983, Article 78(2)(b)(ii) does not become applicable
in circumstances where a right to orphans' pension,
which initially arose under Article 78(2)(b)(i) in the
(Language of the case: German) Member State in which the recipient resides, has been
lost by reason of the attainment of an age-limit, while
in another Member State, whose legislation was also
applicable to the insured person, a right to orphans'
(Provisional translation; the definitive translation will be pension would run beyond that date on application of
published in the European Court Reports) the rule on aggregation laid down in Article 79 of the
regulation.

In Case C-113/96: reference to the Court under Article 177
of the EC Treaty from the Bundessozialgericht, Germany, 2. Articles 48 and 51 of the EC Treaty preclude the loss
for a preliminary ruling in the proceedings pending before of social security advantages for workers which would
that court between Manuela Gómez Rodríguez and result from the inapplicability, following the entry into
Gregorio Gómez Rodríguez and Landesversicherungsan- force of Regulation No 1408/71, of a bilateral social
stalt Rheinprovinz, on the interpretation of Articles 6 and security convention. However, that principle cannot
78 of Regulation (EEC) No 1408/71 of the Council of apply in so far as, when the benefits are set under the
14 June 1971 on the application of social security schemes regulation for the first time, a comparison has already
to employed persons, to self-employed persons and to been made of the advantages resulting from the
members of their families moving within the Community, regulation and the convention, respectively, whose
as amended and updated by Council Regulation (EEC) outcome was that it was more advantageous to apply
No 2001/83 of 2 June 1983 (OJ L 230 of 22.8.1983, p. 6), the regulation than the convention.
and of Articles 48 and 51 of the EC Treaty, the Court
(Fifth Chamber), composed of: C. Gulmann, (Rapporteur), (1) OJ C 158 of 1.6.1996.
President of the Chamber, J. C. Moitinho de Almeida,
D. A. O. Edward, J.-P. Puissochet and P. Jann, Judges;
G. Cosmas, Advocate General; H. von Holstein, Deputy