ARE NOT RECOVERABLE .
AS THESE PROCEEDINGS ARE , SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE COUR D ' APPEL , DOUAI , BY A JUDGMENT OF 10 OCTOBER 1978 , HEREBY RULES :
ARTICLES 2 ( 1 ), 3 ( 1 ) AND 4 ( 1 ) ( C ) AND ( 2 ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS MEANING THAT THE GRANT OF A NON-CONTRIBUTORY OLD-AGE BENEFIT TO WOMEN WITH CHILDREN MAY NOT BE MADE DEPENDENT EITHER ON THE NATIONALITY OF THE PERSON CONCERNED OR ON THAT OF HER CHILDREN , PROVIDED THAT THE NATIONALITY IN QUESTION IS THAT OF ONE OF THE MEMBER STATES .