THE DEFINITION CONTAINED IN THE FIRST SUBPARAGRAPH OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 ,
' ' ' LEGISLATION ' ' MEANS IN RESPECT OF EACH MEMBER STATE STATUTES , REGULATIONS AND OTHER PROVISIONS AND ALL OTHER IMPLEMENTING MEASURES , PRESENT OR FUTURE , RELATING TO THE BRANCHES AND SCHEMES OF SOCIAL SECURITY COVERED BY ARTICLE 4 ( 1 ) AND ( 2 ). '
28 AS THE COURT HAS ALREADY STATED IN ITS JUDGMENT OF 31 MARCH 1977 ( CASE 87/76 BOZZONE V OFFICE DE SECURITE SOCIALE D ' OUTRE-MER , ( 1977 ) ECR 687 ) THAT DEFINITION IS REMARKABLE FOR ITS BREADTH SINCE IT INCLUDES ALL PROVISIONS LAID DOWN BY LAW , REGULATION AND ADMINISTRATIVE ACTION BY THE MEMBER STATES AND MUST BE TAKEN TO COVER ALL THE NATIONAL MEASURES APPLICABLE IN THE MATTER .
29 IN THE LIGHT OF THAT CONSIDERATION , THE ESSENTIAL CRITERION FOR DETERMINING THE SCOPE OF THE TERM IS NOT THE PLACE IN WHICH THE OCCUPATION WAS PURSUED BUT THE LINK WHICH EXISTS BETWEEN THE WORKER , REGARDLESS OF THE PLACE IN WHICH HE PURSUED OR IS PURSUING HIS OCCUPATION , AND THE SOCIAL SECURITY SCHEME IN A MEMBER STATE UNDER WHICH HE HAS COMPLETED PERIODS OF INSURANCE .
30 SINCE THE DECISIVE CRITERION FOR THE APPLICABILITY OF REGULATION NO 1408/71 IS THE FACT THAT THE INSURED PERSON IS AFFILIATED TO A SOCIAL SECURITY SCHEME IN A MEMBER STATE , IT IS OF NO IMPORTANCE WHETHER OR NOT HE PURSUED HIS ACTIVITIES EXCLUSIVELY OUTSIDE THE TERRITORY OF THE MEMBER STATES OF THE COMMUNITY .
31 THE REPLY TO THIS QUESTION MUST THEREFORE BE THAT NATIONAL SOCIAL SECURITY RULES WHICH APPLY TO PERSONS WHO PURSUE OR WHO HAVE PURSUED ACTIVITIES EITHER WHOLLY OR PARTLY OUTSIDE THE COMMUNITY MUST BE REGARDED AS ' LEGISLATION ' WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 1408/71 .
THE RESIDENCE REQUIREMENT ( FIRST AND LAST QUESTIONS )
32 IN THESE QUESTIONS , THE NATIONAL COURT IS ASKING WHETHER THE PROVISIONS OF THE TREATY AND OF ARTICLE 2 ( 4 ) OF REGULATION NO 1390/81 APPLY TO A REFUSAL BY A SOCIAL SECURITY INSTITUTION TO AWARD AN INVALIDITY BENEFIT ON THE GROUND THAT THE INSURED PERSON HAD NOT PREVIOUSLY RESIDED OR STAYED IN THE MEMBER STATE CONCERNED FOR A CONTINUOUS SPECIFIED PERIOD .
33 THE NETHERLANDS GOVERNMENT CONSIDERS THAT REGULATION NO 1390/81 MERELY EXTENDS THE SCOPE OF REGULATION NO 1408/71 TO SELF-EMPLOYED PERSONS WITHOUT CONFERRING UPON THEM FURTHER RIGHTS IN ADDITION TO THOSE GRANTED TO EMPLOYED PERSONS ; IN REGARD TO THE LATTER , THE PURPOSE OF ARTICLE 94 OF REGULATION NO 1408/71 IS NOT TO SECURE THE GENERAL ABOLITION OF NATIONALITY OR RESIDENCE REQUIREMENTS BUT MERELY TO ASSIMILATE PERIODS OF RESIDENCE FOR THE PURPOSES OF BENEFITS ALREADY ACQUIRED . CONSEQUENTLY , NEITHER THAT PROVISION NOR ARTICLE 2 OF REGULATION NO 1390/81 IS APPLICABLE TO A RESIDENCE REQUIREMENT SUCH AS THE ONE AT ISSUE , WHICH MUST BE MET BEFORE ENTITLEMENT TO THE BENEFIT