THE WORDS ' ' INSTITUTION OF THE PLACE OF STAY OR RESIDENCE ' ' IN ARTICLE 22 ( 1 ) ( C ) ( I ) OF REGULATION NO 1408/71 MEAN THE INSTITUTION EMPOWERED TO PROVIDE THE BENEFITS IN THE STATE OF RESIDENCE OR STAY AS LISTED IN ANNEX 3 TO REGULATION NO 574/72 OF THE COUNCIL , AS AMENDED BY REGULATION NO 878/73 OF THE COUNCIL .
3 . THE COSTS RELATING TO BENEFITS IN KIND PROVIDED ON BEHALF OF THE COMPETENT INSTITUTION BY THE INSTITUTION OF THE PLACE OF STAY OR RESIDENCE ARE TO BE FULLY REFUNDED .
Parties
IN CASE 117/77
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE CENTRALE RAAD VAN BEROEP ( COURT OF LAST INSTANCE IN SOCIAL SECURITY MATTERS ) FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
BESTUUR VAN HET ALGEMEEN ZIEKENFONDS ( MANAGERS OF THE GENERAL SICKNESS FUND ), DRENTHE-PLATTELAND , ZWOLLE ,
AND
MRS G . PIERIK , WAPENVELD ,
Subject of the case
ON THE INTERPRETATION OF CERTAIN PROVISIONS OF REGULATION NO 1408/71 OF THE COUNCIL , CONCERNING THE RIGHT OF EMPLOYED PERSONS TO RECEIVE TREATMENT APPROPRIATE TO THEIR CONDITION ON THE TERRITORY OF ANOTHER MEMBER STATE ,
Grounds
1THE CENTRALE RAAD VAN BEROEP BY A LETTER FROM ITS PRESIDENT OF 28 SEPTEMBER 1977 WHICH REACHED THE COURT ON 30 SEPTEMBER 1977 HAS SUBMITTED TO THE COURT OF JUSTICE PURSUANT TO ARTICLE 177 OF THE EEC TREATY QUESTIONS ON THE INTERPRETATION OF CERTAIN PROVISIONS 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 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION , 1971 ( II ), P . 416 ).
2THESE QUESTIONS WERE SUBMITTED WITHIN THE FRAMEWORK OF A DISPUTE CONCERNING THE REFUSAL OF THE COMPETENT NETHERLANDS SOCIAL SECURITY INSTITUTION TO REFUND TO A WORKER RESIDING IN THE NETHERLANDS AND ENTITLED TO INVALIDITY BENEFIT IN PURSUANCE OF NETHERLANDS LEGISLATION THE COSTS INCURRED IN A COURSE OF HYDROTHERAPY IN THE FEDERAL REPUBLIC OF GERMANY .
3THE ABOVE-MENTIONED SOCIAL SECURITY INSTITUTION BASED ITS REFUSAL ON THE WET OP ARBEIDSONGESCHIKTHEIDSVERZEKERING ( LAW ON INSURANCE AGAINST INCAPACITY FOR WORK ) IN ACCORDANCE WITH WHICH MEASURES INTENDED TO MAINTAIN , RE- ESTABLISH OR IMPROVE CAPACITY FOR WORK SHALL BE ACCORDED TO A PERSON ENTITLED TO INVALIDITY BENEFITS ONLY IN SO FAR AS THEY ARE NOT INCLUDED AMONGST THE BENEFITS IN KIND GOVERNED BY CERTAIN PROVISIONS OF NETHERLANDS SOCIAL SECURITY LEGISLATION .
4THE COMMISSION IN ITS OBSERVATIONS EXPRESSED DOUBTS REGARDING THE RELEVANCE AND UTILITY IN THE PRESENT CASE OF THE QUESTIONS SUBMITTED SINCE IT CONSIDERED THAT ARTICLE 22 OF REGULATION NO 1408/71 DOES NOT RELATE TO THE MATTER BEFORE THE NATIONAL COURT .
5IT SUGGESTED THAT THE COURT OF JUSTICE SHOULD MAKE A STATEMENT TO THIS EFFECT IN ITS DECISION .
6ARTICLE 177 OF THE TREATY , WHICH IS BASED ON A CLEAR SEPARATION OF FUNCTIONS