THAT THE AGREEMENT CONCERNING MR BRUSSE WAS AN AGREEMENT WITHIN THE MEANING OF ARTICLE 17 OF REGULATION NO 1408/71 .
9 MR BRUSSE CHALLENGED THAT DECISION BEFORE THE RAAD VAN BEROEP ( SOCIAL SECURITY COURT ), AMSTERDAM , WHICH UPHELD HIS RIGHT TO THE FAMILY ALLOWANCES IN QUESTION . THE RAAD VAN ARBEID APPEALED AGAINST THAT DECISION TO THE CENTRALE RAAD VAN BEROEP . THAT COURT DECIDED TO STAY THE PROCEEDINGS AND TO REFER THE FOLLOWING QUESTIONS TO THE COURT :
' ' 1 . DOES ARTICLE 17 OF REGULATION NO 1408/71 ENABLE TWO MEMBER STATES , IN THE CASE WHERE A WORKER OVER A NUMBER OF YEARS WAS NOT AFFILIATED TO THE SOCIAL SECURITY SCHEME OF ONE OF THOSE MEMBER STATES WHICH WAS APPLICABLE TO HIM PURSUANT TO ARTICLES 13 AND 16 OF REGULATION NO 1408/71 , TO DECLARE BY AGREEMENT THAT , IN RESPECT OF THOSE YEARS , THE SCHEME OF THE OTHER MEMBER STATE ( WHERE THE EMPLOYEE RESIDED BEFORE MOVING TO THE FIRST MEMBER STATE ) IS APPLICABLE?
2.IF THE REPLY TO THE FIRST QUESTION IS IN THE AFFIRMATIVE ( AND ASSUMING THAT THE COURT OF JUSTICE HAS JURISDICTION TO PRONOUNCE BY WAY OF A PRELIMINARY RULING UPON THE AGREEMENT BETWEEN TWO MEMBER STATES MENTIONED IN THE FIRST QUESTION ) IS THE WORKER CONCERNED ENTITLED TO FAMILY ALLOWANCES UNDER THE SCHEME OF A MEMBER STATE INDICATED IN THAT AGREEMENT EVEN IF HE DOES NOT SATISFY THE CONDITION FOR ENTITLEMENT TO FAMILY ALLOWANCES LAID DOWN IN THAT SCHEME , NAMELY RESIDENCE IN THE TERRITORY OF THAT MEMBER STATES?
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THE COURT ' S JURISDICTION
10 IN THE SECOND QUESTION THE CENTRALE RAAD VAN BEROEP EXPRESSES DOUBTS , PARENTHETICALLY , AS TO THE COURT ' S JURISDICTION TO PRONOUNCE BY WAY OF A PRELIMINARY RULING UNDER ARTICLE 177 OF THE TREATY UPON AN AGREEMENT MADE BETWEEN TWO MEMBER STATES UNDER ARTICLE 17 OF REGULATION NO 1408/71 .
11 THERE IS NO NEED TO CONSIDER WHETHER THE COURT MAY , UNDER ARTICLE 177 OF THE TREATY , PRONOUNCE ON THE VALIDITY OR INTERPRETATION OF SUCH AN AGREEMENT SINCE IT HAS JURISDICTION , IN ANY EVENT , TO DEFINE THE SCOPE OF ARTICLE 17 OF REGULATION NO 1408/71 SO AS TO ENABLE THE NATIONAL COURT TO GIVE JUDGMENT IN THE CASE BEFORE IT IN ACCORDANCE WITH THE COMMUNITY RULES .
THE FIRST QUESTION
12 THE CENTRALE RAAD VAN BEROEP ' S FIRST QUESTION SEEKS , ESSENTIALLY , TO ASCERTAIN WHETHER TWO MEMBER STATES MAY , BY MEANS OF AN AGREEMENT CONCLUDED UNDER ARTICLE 17 OF REGULATION NO 1408/71 , DECIDE , WITH RETROACTIVE EFFECT , THAT THE LEGISLATION OF ONE OF THOSE MEMBER STATES , WHICH IS APPLICABLE TO A WORKER PURSUANT TO ARTICLES 13 TO 16 , DOES NOT APPLY TO HIM AND THAT THE LEGISLATION OF THE OTHER STATE IS APPLICABLE TO HIM IN RESPECT OF A GIVEN PERIOD . 13 BEFORE A REPLY IS GIVEN TO THAT QUESTION , ARTICLE 17 MUST BE PLACED IN ITS