THE GROUND THAT THE PERIODS OF EMPLOYMENT COMPLETED IN THE NETHERLANDS COULD NOT BE TAKEN INTO ACCOUNT AS A CONDITION FOR THE ACQUISITION OF THE RIGHT TO THAT BENEFIT .
3 ARTICLE 69 ( 1 ) OF THE REGULATION PROVIDES :
' ( 1 ) A WORKER WHO IS WHOLLY UNEMPLOYED WHO SATISFIES THE CONDITIONS OF THE LEGISLATION OF A MEMBER STATE FOR ENTITLEMENT TO BENEFITS AND WHO GOES TO ONE OR MORE OTHER MEMBER STATES IN ORDER TO SEEK EMPLOYMENT THERE SHALL RETAIN HIS ENTITLEMENT TO SUCH BENEFITS UNDER THE CONDITIONS AND WITHIN THE LIMITS HEREINAFTER INDICATED :
( A ) . . . . . .
( B ) . . . . . .
( C ) . . . . . .. '
4 THEREFORE AN EMPLOYED PERSON WITHIN THE MEANING OF THE REGULATION MAY , IN THE CIRCUMSTANCES ENVISAGED , CLAIM THE ' EXPORTATION ' FROM ONE MEMBER STATE TO ANOTHER OF RIGHTS TO BENEFIT ACQUIRED IN THE FIRST MEMBER STATE .
HOWEVER , IT IS NOT DISPUTED THAT THE PRESENT CASE CONCERNS A PERSON WHO , ALTHOUGH A MEMBER OF THE FAMILY OF A NATIONAL OF A MEMBER STATE , IS NOT SUCH A NATIONAL HERSELF .
5 THEREFORE THE QUESTION ARISES WHETHER AND TO WHAT EXTENT THE MEMBERS OF THE FAMILY OF A NATIONAL OF A MEMBER STATE ARE ; IN APPLYING REGULATION NO 1408/71 , AND IN PARTICULAR ARTICLES 67 TO 70 THEREOF , TO BE ASSIMILATED TO THOSE NATIONALS THEMSELVES .
6 ARTICLE 2 ( 1 ) OF THE REGULATION PROVIDES THAT IT : ' SHALL APPLY TO WORKERS WHO ARE OR HAVE BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE MEMBER STATES AND WHO ARE NATIONALS OF ONE OF THE MEMBER STATES OR WHO ARE STATELESS PERSONS OR REFUGEES RESIDING WITHIN THE TERRITORY OF ONE OF THE MEMBER STATES , AS ALSO TO THE MEMBERS OF THEIR FAMILIES AND THEIR SURVIVORS . '
7 IT IS EVIDENT FROM THE JUXTAPOSITION INDICATED BY THE USE OF THE WORDS ' AS ALSO ' THAT THIS PROVISION REFERS TO TWO CLEARLY DISTINCT CATEGORIES : WORKERS ON THE ONE HAND , AND THE MEMBERS OF THEIR FAMILY AND THEIR SURVIVORS ON THE OTHER .
ONLY THE NATIONALS OF ONE OF THE MEMBER STATES , STATELESS PERSONS AND REFUGEES WHO ARE OR HAVE BEEN SUBJECT TO THE SOCIAL SECURITY SCHEME OF ONE OR MORE MEMBER STATES ARE COVERED IN THEIR CAPACITY AS WORKERS .
WHEREAS THE PERSONS BELONGING TO THE FIRST CATEGORY CAN CLAIM THE RIGHTS TO BENEFITS COVERED BY THE REGULATION AS RIGHTS OF THEIR OWN , THE PERSONS BELONGING TO THE SECOND CATEGORY CAN ONLY CLAIM DERIVED RIGHTS , ACQUIRED THROUGH THEIR STATUS AS A MEMBER OF THE FAMILY OR A SURVIVOR OF A WORKER , THAT IS TO SAY OF A PERSON BELONGING TO THE FIRST CATEGORY .
8 THIS INTERPRETATION IS CONFIRMED BY THE TEXT OF ARTICLE 2 ( 2 ), WHICH PROVIDES THAT WORKERS WHO ARE NOT NATIONALS OF