NATIONAL INSURANCE COMMISSIONER THE DECISION AS TO COSTS IS A MATTER FOR THE NATIONAL INSURANCE COMMISSIONER .
Operative part
ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE NATIONAL INSURANCE COMMISSIONER , LONDON , BY AN ORDER DATED 10 JULY 1979 , WHICH WAS REGISTERED AT THE COURT ON 16 JULY 1979 , HEREBY RULES :
1 . ARTICLES 1 ( A ) AND 3 OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY MUST BE INTERPRETED AS MEANING THAT IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME PROVIDED ALWAYS THAT IN THIS CONNEXION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES .
2 . NO PROVISION OF REGULATION NO 1408/71 FORBIDS MEMBER STATES TO DETERMINE THE EFFECTS OF AN ERRONEOUS AFFILIATION . NOR IS THERE ANYTHING TO PREVENT MEMBER STATES FROM PROVIDING FOR DIFFERENT SOCIAL SECURITY SCHEMES INVOLVING SPECIAL CONDITIONS FOR AFFILIATION ACCORDING TO THE NATURE OF THE RISKS TO BE COVERED OR THE BENEFITS TO BE PROVIDED .