OF THAT REGULATION .
7CONSEQUENTLY , IT STATED , THE INSURED PERSON COULD NOT RELY ON THE PROVISIONS OF REGULATION NO 1408/71 TO CLAIM THE BENEFIT IN QUESTION IN THIS CASE IN PURSUANCE OF THE PRINCIPLE OF NON-DISCRIMINATION LAID DOWN BY THOSE PROVISIONS .
8BY ITS FIRST QUESTION THE NATIONAL COURT ASKS THE COURT OF JUSTICE WHETHER ' ' ARTICLE 4 ( 4 ) OF REGULATION NO 1408/71 , PURSUANT TO WHICH THAT REGULATION IS NOT TO APPLY TO ' BENEFIT SCHEMES FOR VICTIMS OF WAR OR ITS CONSEQUENCES ' , MUST BE INTERPRETED AS MEANING THAT BENEFITS WHICH ARE NOT STRICTLY IN THE NATURE OF COMPENSATION AND ARE PAYABLE TO THOSE WORKERS WHO WERE VICTIMS OF THE WAR ONLY IN SO FAR AS IT DETRIMENTALLY AFFECTED THEIR ACQUISITION OF OLD-AGE PENSION RIGHTS OR SIMILAR RIGHTS , SUCH AS THE OLD-AGE BENEFITS INSTITUTED BY THE FRENCH LAW OF 21 NOVEMBER 1973 - ARTICLE L 332 ( 2 ) OF THE CODE DE LA SECURITE SOCIALE - ARE ALSO EXCLUDED ' ' .
9IN ORDER TO REPLY TO THAT QUESTION IT IS NECESSARY TO EXAMINE WHETHER AN OLD-AGE BENEFIT SUCH AS THAT REFERRED TO BY THE FRENCH LEGISLATION MAY BE CONSIDERED AS A SOCIAL SECURITY BENEFIT WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( C ) OF REGULATION NO 1408/71 AND THUS COMES WITHIN THE SUBSTANTIVE FIELD OF APPLICATION OF THAT REGULATION AS DEFINED BY THE ABOVE-MENTIONED ARTICLE 4 .
10THE FIRST SENTENCE OF ARTICLE 1 OF LAW NO 73-1051 STATES THAT ' ' THESE PROVISIONS SUPPLEMENT ARTICLE L 332 OF THE CODE DE LA SECURITE SOCIALE ' ' .
11HOWEVER , THE FACT THAT A PROVISION OF THIS TYPE IS OR IS NOT INSERTED IN NATIONAL SOCIAL SECURITY LEGISLATION IS NOT BY ITSELF DECISIVE IN DETERMINING THAT THE BENEFIT REFERRED TO IN THE ABOVE PROVISION IS A SOCIAL SECURITY BENEFIT WITHIN THE MEANING OF REGULATION NO 1408/71 .
12IN FACT , THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE FIELD OF APPLICATION OF REGULATION NO 1408/71 AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSE AND THE CONDITIONS FOR ITS GRANT .
13IT APPEARS FROM THE FILE THAT THE BENEFIT GRANTED IN PURSUANCE OF THE NATIONAL PROVISIONS IN QUESTION HAS THE ESSENTIAL PURPOSE OF PROVIDING FOR FORMER PRISONERS OF WAR WHO PROVE THAT THEY UNDERWENT A LONG PERIOD OF CAPTIVITY TESTIMONY OF NATIONAL GRATITUDE FOR THE HARDSHIPS ENDURED BETWEEN 1939 AND 1945 ON BEHALF OF FRANCE AND ITS ALLIES AND THUS GRANTING THEM , BY AN INCREASE IN THE RATE OF OLD-AGE PENSION , A QUID PRO QUO FOR THE SERVICES RENDERED TO THOSE STATES .
14HAVING REGARD TO THAT PURPOSE AND THOSE CONDITIONS OF GRANT SUCH A BENEFIT DOES NOT EXHIBIT THE CHARACTERISTICS CONSTITUTING A SOCIAL SECURITY BENEFIT WITHIN THE MEANING OF ARTICLE 4 ( 1 ) OF REGULATION NO 1408/71 .
15ARTICLE 4 OF REGULATION NO 1408/71 , IN DEFINING THE MATERIAL FIELD OF