LAW SUBSTITUTE PERIODS ( ERSATZZEITEN ) MUST BE TAKEN INTO ACCOUNT, THE CONTRIBUTIONS PAID UNDER THE LEGISLATION OF ANOTHER MEMBER STATE OF THE EEC MUST BE ASSIMILATED TO CONTRIBUTIONS PAID UNDER GERMAN LEGISLATION '.
P.337
THE DISPUTE PENDING BEFORE THE BUNDESSOZIALGERICHT CONCERNS A PROVISION OF GERMAN LAW UNDER WHICH, FOR THE PURPOSE OF CALCULATING AN INVALIDITY PENSION, PERIODS OF MILITARY SERVICE AND OF CAPTIVITY SHALL BE TAKEN INTO CONSIDERATION IN FAVOUR OF THE PERSON CONCERNED AS ' SUBSTITUTE PERIODS ' ( ERSATZZEITEN ), PROVIDED THAT WITHIN A CERTAIN TIME FOLLOWING THE EXPIRY OF THOSE PERIODS HE COMMENCED ' A COMPULSORY INVALIDITY INSURANCE EMPLOYMENT OR OCCUPATION '. THE QUESTION RAISED BY THE BUNDESSOZIALGERICHT REFERS BOTH TO ARTICLE 28 OF REGULATION NO 3, WHICH APPLIES TO ALL MEMBER STATES AND TO ALL CATEGORIES OF ' ASSIMILATED PERIODS ', AND TO ANNEX G(I ) OF THIS REGULATION, WHICH PARTICULARLY REFERS TO CERTAIN PERIODS ASSIMILATED TO INSURANCE PERIODS BY THE LEGISLATION OF THE FEDERAL REPUBLIC OF GERMANY .
SINCE THE PROVISIONS OF ARTICLE 28 OF REGULATION NO 3 DO NOT CLARIFY THE CONCEPT OF ' ASSIMILATED PERIODS ', REFERENCE MUST BE MADE TO ARTICLE 1(R ). THE SAME HOLDS GOOD FOR THE PROVISIONS OF ARTICLE 27 TO WHICH ARTICLE 28 REFERS SEVERAL TIMES .
ARTICLE 1(R ) OF REGULATION NO 3 PROVIDES THAT ' FOR THE PURPOSES OF THIS REGULATION...THE TERM " ASSIMILATED PERIODS " MEANS PERIODS TREATED AS INSURANCE PERIODS OR, WHERE APPLICABLE, AS PERIODS OF EMPLOYMENT, AS DEFINED IN THE LEGISLATION UNDER WHICH THEY WERE COMPLETED, IN SO FAR AS THEY ARE REGARDED BY THE SAID LEGISLATION AS BEING EQUIVALENT TO INSURANCE PERIODS OR PERIODS OF EMPLOYMENT '. THIS DOUBLE REFERENCE TO NATIONAL LEGISLATION SETS FORTH VERY CLEARLY THE PRINCIPLE THAT THE SAID REGULATION, IN SO FAR AS IT TAKES ' ASSIMILATED PERIODS ' INTO ACCOUNT, INTENDS NEITHER TO MODIFY NOR SUPPLEMENT NATIONAL LAW, PROVIDED THAT THE LATTER OBSERVES THE PROVISIONS OF ARTICLES 48 TO 51 OF THE TREATY . IN PARTICULAR, THE PHRASE ' IN SO FAR AS THEY ARE REGARDED...AS BEING EQUIVALENT ...' SHOWS THAT THE REGULATION IS ALSO REFERRING TO THE CONDITIONS UNDER WHICH NATIONAL LAW WILL REGARD A GIVEN PERIOD AS BEING EQUIVALENT TO INSURANCE PERIODS PROPERLY SO-CALLED .
THIS INTERPRETATION IS CONFIRMED BY THE TENOR OF ANNEX G(I ) WHICH FORMS AN INTEGRAL PART OF REGULATION NO 3 UNDER THE TERMS OF ARTICLE 50 THEREOF . IN FACT ANNEX G(I)(B)(1 ) PROVIDES THAT ' IN DETERMINING WHETHER PERIODS WHICH UNDER GERMAN LEGISLATION CONSTITUTE PERIODS OF INTERRUPTION ( AUSFALLZEITEN ) OR SUPPLEMENTARY PERIODS ( ZURECHNUNGSZEITEN ) MUST BE TAKEN INTO ACCOUNT AS SUCH, THE CONTRIBUTIONS PAID UNDER THE LEGISLATION OF ANOTHER MEMBER STATE AND AFFILIATION TO THE PENSION INSURANCE SCHEME OF ANOTHER MEMBER STATE SHALL BE ASSIMILATED TO THE CONTRIBUTIONS PAID UNDER GERMAN LEGISLATION AND AFFILIATION TO THE GERMAN PENSION INSURANCE SCHEME '.
P.338
THE EXPRESSIONS ' PERIODS OF INTERRUPTION ' AND ' SUPPLEMENTARY PERIODS ' MENTIONED IN THE SAID ANNEX G(I)(B)(1 ) CORRESPOND TO TERMS EMPLOYED BY