1958 ON IMPLEMENTING PROCEDURES AND SUPPLEMENTARY PROVISIONS IN RESPECT OF REGULATION NO 3 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS OR MAY THE SAID FORM E 26 BE SUPPLEMENTED OR EXPLAINED SUBSEQUENTLY BY OTHER INFORMATION?
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6 UNDER ARTICLE 43 OF REGULATION NO 3 AN ADMINISTRATIVE COMMISSION WAS SET UP WITH RESPONSIBILITY , INTER ALIA , FOR SETTLING ALL ADMINISTRATIVE QUESTIONS AND QUESTIONS OF INTERPRETATION ' ' ARISING UNDER THIS REGULATION AND SUBSEQUENT REGULATIONS ' ' . ARTICLE 2 ( 1 ) OF REGULATION NO 4 PROVIDES THAT THAT COMMISSION IS TO DRAW UP MODELS OF CERTIFICATES , CERTIFIED STATEMENTS , DECLARATIONS , APPLICATIONS AND OTHER DOCUMENTS REQUIRED FOR GIVING EFFECT TO REGULATIONS NOS 3 AND 4 . FORM E 26 , WHICH IS AT ISSUE IN THIS CASE , WAS DRAWN UP BY THE ADMINISTRATIVE COMMISSION IN APPLICATION OF THE PROVISIONS OF ARTICLES 33 AND 34 OF REGULATION NO 4 . ARTICLE 33 IS WORDED AS FOLLOWS :
' ' ( 1 ) FOR THE SCRUTINY OF THE CLAIMS FOR BENEFITS DUE , BY VIRTUE OF ARTICLES 26 TO 28 OF THE REGULATION ( DEFINED AS MEANING REGULATION NO 3 ), THE SCRUTINEER INSTITUTION SHALL USE A FORM SETTING OUT THE DETAIL AND TOTAL OF THE INSURED PERIODS AND ASSIMILATED PERIODS COMPLETED BY THE INSURED PERSON UNDER THE LEGISLATION OF EACH OF THE MEMBER STATES TO WHICH HE WAS SUBJECT .
( 2)THIS FORM SHALL BE TRANSMITTED TO THE COMPETENT INSTITUTIONS OF ANOTHER MEMBER STATE IN PLACE OF TRANSMISSION OF THE SUPPORTING DOCUMENTS . ' '
ARTICLE 34 ( 1 ) OF REGULATION NO 4 IS WORDED AS FOLLOWS :
' ' THE SCRUTINEER INSTITUTION SHALL ENTER ON THE FORM REFERRED TO IN THE PRECEDING PARAGRAPH THE INSURANCE PERIODS AND ASSIMILATED PERIODS COMPLETED UNDER THE LEGISLATION TO WHICH IT IS SUBJECT , AND SHALL SEND A COPY OF THE SAID FORM TO THE COMPETENT INSTITUTIONS OF EACH OF THE OTHER MEMBER STATES UNDER WHOSE LEGISLATION THE INSURED PERSON HAS COMPLETED SUCH PERIODS . ' '
7 THE BELGIAN INSTITUTION IS OF THE OPINION THAT THOSE PROVISIONS ARE TO BE INTERPRETED AS MEANING THAT ONLY THOSE PERIODS ENTERED ON FORM E 26 MAY BE TAKEN INTO ACCOUNT . IT DOES NOT DENY THAT THE GERMAN INSTITUTION BY ITS LETTERS OF MARCH 1970 DID SUPPLY THE FURTHER INFORMATION MENTIONED ABOVE , BUT MAINTAINS THAT THOSE ' ' SUPPLEMENTARY EXPLANATIONS ' ' CANNOT ' ' TAKE THE PLACE OF FORM E 26 AS REGARDS PERIODS NOT MENTIONED IN THAT DOCUMENT ' ' . IN OTHER WORDS , WHILST ACKNOWLEDGING THAT CERTAIN SUPPLEMENTARY EXPLANATIONS MAY PROVE NECESSARY , THE BELGIAN INSTITUTION NEVERTHELESS ARGUES THAT SUCH INFORMATION MAY NOT BE TAKEN INTO ACCOUNT UNLESS THE SCRUTINEER INSTITUTION EITHER AMENDS THE FORM OR SENDS A FRESH ONE AS THE BELGIAN INSTITUTION HAD EXPRESSLY REQUESTED .
8 HAVING REGARD TO THE VIEW TAKEN BY THE BELGIAN INSTITUTION , THE BELGIAN COUR DE CASSATION RAISED THE QUESTION SET OUT ABOVE , BY WHICH IT REQUESTS THE COURT