.
IT FOLLOWS FROM THESE CONSIDERATIONS THAT BENEFITS SUCH AS THOSE FORMING THE SUBJECT - MATTER OF THE PRESENT REQUEST CANNOT AMOUNT TO ' BENEFITS IN KIND ' WITHIN THE MEANING OF ARTICLE 22 OF REGULATION NO 3 . CONSEQUENTLY THE QUESTION PUT BY THE LANDESSOZIALGERICHT, BERLIN, MUST BE ANSWERED IN THE NEGATIVE .
Decision on costs
THE COSTS INCURRED BY THE COMMISSION OF THE EEC WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE .
AS THE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE LANDESSOZIALGERICHT, BERLIN, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE LANDESSOZIALGERICHT, BERLIN, BY AN ORDER OF THAT COURT OF 28 APRIL 1965,
HEREBY RULES :
1 . SUPPLEMENTARY PENSION PAYMENTS WHICH ARE INTENDED AS A CONTRIBUTION TO THE FINANCING OF THE BENEFICIARY'S SICKNESS INSURANCE DO NOT FALL WITHIN THE MEANING OF THE EXPRESSION ' BENEFITS IN KIND ' IN ARTICLE 22 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( OFFICIAL JOURNAL OF 16 DECEMBER 1958, P.561 ET SEQ .);
2 . THE DECISION ON COSTS IS A MATTER FOR THE LANDESSOZIALGERICHT, BERLIN .