HAS JURISDICTION TO GIVE A RULING ON THE INTERPRETATION OF THE TREATY AND OF ACTS OF THE INSTITUTIONS OF THE COMMUNITY, BUT CAN NEITHER APPLY THEM TO A SPECIFIC CASE, NOR RULE ON THE INTERPRETATION OF THE NATIONAL LAW OF A MEMBER STATE . IT IS SUBJECT ONLY TO THIS RESERVATION THAT THE COURT CAN ADMIT THE QUESTIONS WHICH ARE SUBMITTED TO IT IN THIS CASE .
I - AS TO THE FIRST QUESTION
BY THIS QUESTION, THE CENTRALE RAAD ASKS THE COURT TO SAY WHETHER ARTICLES 1 ( B ), 2 ( 1 ) ( OPENING WORDS ) AND ( B ) AND ARTICLE 3 OF REGULATION N . 3 MUST BE INTERPRETED ' SO AS TO REGARD THE IWI AS " LEGISLATION ", EVEN THOUGH THIS LAW WAS PROMULGATED AFTER THE REGULATION AND WAS NOT NOTIFIED IN ACCORDANCE WITH ARTICLE 3 ( 2 ) '.
1 . IT APPEARS FROM THE INFORMATION SUPPLIED BY THE CENTRALE RAAD VAN BEROEP THAT THE IWI PROVIDES FOR INVALIDITY INSURANCE WITH INVALIDITY BENEFITS .
UNDER ARTICLE 2 ( 1 ) ( OPENING WORDS ) AND ( B ) OF REGULATION N . 3, THE REGULATION ' SHALL APPLY TO ALL LEGISLATION GOVERNING ...INVALIDITY BENEFITS, INCLUDING BENEFITS GRANTED FOR THE PURPOSE OF MAINTAINING OR IMPROVING EARNING CAPACITY, OTHER THAN THOSE PAID IN RESPECT OF INDUSTRIAL ACCIDENTS OR OCCUPATIONAL DISEASES '. ANNEX B TO THE REGULATION, ENTITLED ' LEGISLATION TO WHICH THE REGULATION APPLIES ', REFERS, IN PARAGRAPH ( B ) OF THE SECTION RELATING TO THE NETHERLANDS, TO ' INVALIDITY INSURANCE, INCLUDING INCREASES IN PENSIONS '. THE REGULATION IS THEREFORE APPLICABLE TO ALL NETHERLANDS LEGISLATION PROVIDING FOR INVALIDITY INSURANCE WITH INVALIDITY BENEFITS WITH THE EXCEPTION OF BENEFITS GRANTED IN RESPECT OF INDUSTRIAL ACCIDENTS OR OCCUPATIONAL DISEASES .
2 . THE APPLICATION OF REGULATION N . 3 TO PARTICULAR LEGISLATION IS NOT EXCLUDED BY THE MERE FACT THAT THE LEGISLATION CAME INTO FORCE AFTER THE REGULATION AND MY NOT HAVE BEEN NOTIFIED TO THE PRESIDENT OF THE EEC COUNCIL, IN ACCORDANCE WITH ARTICLES 3 ( 2 ) AND 54 ( 1 ) OF THE REGULATION . IN FACT, ARTICLE 1 ( B ) OF THE REGULATION PROVIDES THAT WHEN IT USES THE TERM ' LEGISLATION ', IT REFERS TO THE LAWS, REGULATIONS, ETC ., ' PRESENT AND FUTURE ', OF EACH MEMBER STATE . THIS PROVISION WOULD BECOME MEANINGLESS IF IT WERE POSSIBLE FOR ANY MEMBER STATE TO INTERFERE ARBITRARILY WITH THE FIELD OF APPLICATION OF REGULATION N . 3, BY FAILING TO CARRY OUT THE ABOVE-MENTIONED NOTIFICATION . BESIDES, UNDER ARTICLE 3 ( 2 ) OF THE REGULATION, AN OBLIGATION TO NOTIFY EXISTS ONLY IN THE CASE WHERE THE ADOPTION OF NEW LEGISLATION NECESSITATES AN ' AMENDMENT ' TO ANNEX B . SUCH IS NOT THE CASE WHEN THE LEGISLATION COMES UNDER ONE OF THE HEADINGS SET OUT IN ANNEX B .
IT FOLLOWS FROM THE CONSIDERATIONS SET OUT ABOVE THAT ALL NETHERLANDS LEGISLATION PROVIDING FOR INVALIDITY INSURANCE WITH INVALIDITY BENEFITS, WITH THE