THE GERMAN LEGISLATION TO WHICH THIS PART OF THE ANNEX REFERS . THIS LEGISLATION DISTINGUISHES CLEARLY BETWEEN THOSE TWO CATEGORIES AND THE ' ERSATZZEITEN ' ( SUBSTITUTE PERIODS ) IN QUESTION . IT IS THUS IMPOSSIBLE TO ATTRIBUTE TO A MERE OVERSIGHT THE FACT THAT THE AUTHORS OF ANNEX G DID NOT PROVIDE FOR THE ' SUBSTITUTE PERIODS ' RULES ANALOGOUS TO THOSE WHICH THEY MADE FOR THE OTHER ABOVE-MENTIONED CATEGORIES OF PERIODS . THIS IS ALL THE MORE IMPROBABLE SINCE THE COUNCIL HAS REPEATEDLY CONSIDERED THE PROBLEM OF THE ASSIMILATED PERIODS PROVIDED FOR BY GERMAN LEGISLATION . IN FACT, ALTHOUGH THE ORIGINAL WORDING OF ANNEX G(I)(B ), WHICH ENTERED INTO FORCE ON 1 OCTOBER 1958, ONLY MENTIONED ' SUPPLEMENTARY PERIODS ', THE WORDING AS AMENDED BY ARTICLE 6 OF REGULATION NO 130/63/EEC OF THE COUNCIL, WHICH ENTERED INTO FORCE ON 28 DECEMBER 1963, ADDS ' PERIODS OF INTERRUPTION ' THERETO . MOREOVER, THE GERMAN LEGISLATION IN QUESTION ONLY REFERS TO SPECIFIC SITUATIONS BEFORE THE ENTRY INTO FORCE OF THE TREATY, WHICH CANNOT THEREFORE HAVE AN ADVERSE EFFECT ON THE FREE MOVEMENT OF WORKERS WITHIN THE COMMON MARKET .
TAKEN TOGETHER THE FOREGOING GROUNDS LEAD TO THE CONCLUSION THAT THE PROVISIONS OF ARTICLE 28 OF REGULATION NO 3 AND ANNEX G THERETO DO NOT REQUIRE THE INSTITUTIONS OF THE FEDERAL REPUBLIC OF GERMANY TO ASSIMILATE CONTRIBUTIONS PAID UNDER THE LEGISLATION OF ANOTHER MEMBER STATE TO THE CONTRIBUTIONS PAID UNDER GERMAN LEGISLATION IN DETERMINING WHETHER ACCOUNT MUST BE TAKEN OF CERTAIN PERIODS AS ' SUBSTITUTE PERIODS ' ( ERSATZZEITEN ) WITHIN THE MEANING OF GERMAN LAW .
Decision on costs
THE COSTS INCURRED BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE . AS THESE 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 IVTH SENATE OF THE BUNDESSOZIALGERICHT THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE IVTH SENATE OF THE BUNDESSOZIALGERICHT, BY AN ORDER OF THAT COURT OF 1 MARCH 1967, HEREBY RULES :
1 . ARTICLE 28 OF REGULATION NO 3 OF THE COUNCIL OF THE EEC CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS, TOGETHER WITH ANNEX G THERETO, DOES NOT REQUIRE THE INSTITUTIONS OF THE FEDERAL REPUBLIC OF GERMANY TO TAKE INTO ACCOUNT A PERIOD COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE IN DETERMINING WHETHER ' SUBSTITUTE PERIODS ' WITHIN THE MEANING OF GERMAN LEGISLATION MUST BE TAKEN INTO ACCOUNT;
2 . THE DECISION ON COSTS IN THE PRESENT PROCEEDINGS IS A MATTER FOR THE IVTH SENATE OF THE BUNDESSOZIALGERICHT .