COMPETENT STATE ' ' OCCURRING IN ARTICLE 69 ( 2 ) MUST BE TAKEN AS REFERRING TO NATIONAL LAW FOR THE DETERMINATION OF THE CIRCUMSTANCES IN WHICH ENTITLEMENT TO BENEFIT IS LOST . THAT PHRASE , WHICH FOLLOWS THE WORDS ' ' HE SHALL LOSE ALL ENTITLEMENT TO BENEFITS ' ' , IS MERELY INTENDED TO EXPLAIN THAT A WORKER SHALL LOSE , IN THE EVENT OF HIS RETURNING LATE , ALL ENTITLEMENT TO BENEFITS AS AGAINST THE COMPETENT STATE , IRRESPECTIVE OF ANY ENTITLEMENT TO BENEFITS WHICH HE MAY HAVE AS AGAINST OTHER MEMBER STATES .
11 THERE ARE THEREFORE GROUNDS FOR REPLYING TO THE QUESTIONS REFERRED TO THE COURT THAT A WORKER WHO RETURNS TO THE COMPETENT STATE AFTER THE THREE MONTH PERIOD REFERRED TO IN ARTICLE 69 ( 1 ) ( C ) HAS EXPIRED MAY NO LONGER CLAIM ENTITLEMENT , BY VIRTUE OF THE FIRST SENTENCE OF ARTICLE 69 ( 2 ), TO BENEFITS AS AGAINST THE COMPETENT STATE UNLESS THE SAID PERIOD IS EXTENDED PURSUANT TO THE SECOND SENTENCE OF ARTICLE 69 ( 2 ).
AS TO THE COMPATIBILITY OF ARTICLE 69 ( 2 ) WITH ARTICLES 48 TO 51 OF THE TREATY
12 IT HAS BEEN ALLEGED THAT IF ARTICLE 69 ( 2 ) MUST BE INTERPRETED IN THE MANNER SET OUT ABOVE IT IS INVALID IN THAT IT IS INCOMPATIBLE WITH THE PROVISIONS OF THE TREATY ON FREEDOM OF MOVEMENT FOR WORKERS AND , IN PARTICULAR , WITH ARTICLE 51 WHICH OBLIGES THE COUNCIL TO ADOPT SUCH MEASURES IN THE FIELD OF SOCIAL SECURITY AS ARE NECESSARY TO PROVIDE FREEDOM OF MOVEMENT FOR WORKERS .
13 AS THE COURT HAS ALREADY OBSERVED IN ITS JUDGMENT OF 20 MARCH 1979 IN CASE 139/78 COCCIOLI V BUNDESANSTALT FUR ARBEIT ( 1979 ) ECR 991 , IN GIVING A WORKER THE RIGHT TO GO TO ANOTHER MEMBER STATE TO SEEK EMPLOYMENT THERE , ARTICLE 69 OF REGULATION NO 1408/71 CONFERS ON A PERSON AVAILING HIMSELF OF THAT PROVISION AN ADVANTAGE AS COMPARED WITH A PERSON WHO REMAINS IN THE COMPETENT STATE INASMUCH AS , BY THE EFFECT OF ARTICLE 69 , HE IS FREED FOR A PERIOD OF THREE MONTHS OF THE DUTY TO KEEP HIMSELF AVAILABLE TO THE EMPLOYMENT SERVICES OF THE COMPETENT STATE AND TO BE SUBJECT TO THE CONTROL PROCEDURE ORGANIZED THEREIN , EVEN THOUGH HE MUST REGISTER WITH THE EMPLOYMENT SERVICES OF THE MEMBER STATE TO WHICH HE GOES .
14 THE RIGHT TO RETAIN UNEMPLOYMENT BENEFITS CONFERRED BY ARTICLE 69 THEREFORE CONTRIBUTES TO ENSURING FREEDOM OF MOVEMENT FOR WORKERS IN ACCORDANCE WITH ARTICLE 51 OF THE TREATY . THE FACT THAT THAT ADVANTAGE IS LIMITED IN TIME AND SUBJECT TO THE OBSERVANCE OF CERTAIN CONDITIONS IS NOT SUCH AS TO BRING ARTICLE 69 ( 2 ) INTO CONFLICT WITH ARTICLE 51 . THE LATTER PROVISION DOES NOT PROHIBIT THE COMMUNITY LEGISLATURE FROM ATTACHING CONDITIONS TO THE RIGHTS AND ADVANTAGES WHICH IT ACCORDS IN ORDER TO ENSURE FREEDOM OF MOVEMENT FOR WORKERS