OF 12 JULY 1979 IN CASE 266/78 BRUNORI ( 1979 ) ECR THAT NATIONAL LEGISLATURES ARE COMPETENT IN THIS FIELD .
13 CONSEQUENTLY IF NATIONAL LEGISLATION MAKES AFFILIATION TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER THAT SCHEME CONDITIONAL IN CERTAIN CIRCUMSTANCES ON PRIOR AFFILIATION BY THE PERSON CONCERNED TO THE NATIONAL SOCIAL SECURITY SCHEME REGULATION NO 1408/71 DOES NOT COMPEL MEMBER STATES TO TREAT AS EQUIVALENT INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE AND THOSE WHICH WERE COMPLETED PREVIOUSLY ON NATIONAL TERRITORY .
14 THE SECOND QUESTION ASKS IN SUBSTANCE WHETHER THE FACT THAT A PERSON HAS FOR A CERTAIN PERIOD OF TIME BEEN AFFILIATED BY MISTAKE TO A SOCIAL SECURITY SCHEME ENTITLES THAT PERSON TO THE BENEFITS PROVIDED FOR BY THE RELEVANT LEGISLATION , WHERE THE ERROR HAS COME TO LIGHT AT THE VERY TIME WHEN THOSE BENEFITS ARE BEING CLAIMED , WHILE THE PURPOSE OF THE THIRD QUESTION IS TO ESTABLISH WHETHER THE FACT THAT A PERSON IN THE CLAIMANT ' S POSITION HAS BEEN COMPULSORILY AFFILIATED TO THE INDUSTRIAL INJURIES SCHEME THROUGH THE COMPETENT INSTITUTION IPSO FACTO ENTAILS HIS AFFILIATION THROUGH THE COMPETENT INSTITUTION IN RESPECT OF THE OTHER SOCIAL SECURITY BENEFITS .
15 THE OUTCOME OF THE FOREGOING CONSIDERATIONS IS THAT THE ANSWERS TO BE GIVEN TO THE SECOND AND THIRD QUESTIONS ARE ALSO GOVERNED BY NATIONAL LAW , PROVIDED ONLY THAT DISTINCTION IS MADE BETWEEN NATIONALS OF THE HOST STATE AND THOSE OF THE OTHER MEMBER STATES . NO PROVISION OF REGULATION NO 1408/71 FORBIDS MEMBER STATES TO DETERMINE THE EFFECTS OF A PARTICULAR AFFILIATION ACCORDING TO THE NATURE OF THE RISKS TO BE COVERED OR THE BENEFITS TO BE PROVIDED .
16 THE REPLIES GIVEN ABOVE MEAN THAT THE FOURTH , FIFTH , SIXTH AND SEVENTH QUESTIONS RELATING TO ARTICLES 18 AND 46 OF REGULATION NO 1408/71 NO LONGER REQUIRE TO BE ANSWERED .
17 SINCE THE QUESTION WHETHER PERSONS IN THE SITUATION OF THE CLAIMANT MAY DERIVE A RIGHT TO BE AFFILIATED FROM THE PROVISIONS OF THE RECIPROCAL AGREEMENT CONCLUDED BETWEEN IRELAND AND THE UNITED KINGDOM ON 29 MARCH 1960 AND THE AGREEMENT BETWEEN IRELAND AND THE UNITED KINGDOM OF 14 SEPTEMBER 1971 ON SOCIAL SECURITY HAS BEEN RAISED DURING THE PROCEEDINGS BEFORE THE COURT OF JUSTICE , IT IS NECESSARY TO STATE THAT IT IS FOR THE NATIONAL COURT OR TRIBUNAL TO ASCERTAIN WHETHER THE CONDITIONS FOR IMPLEMENTING THOSE AGREEMENTS ARE PRESENT IN THE DISPUTE BEFORE IT AND WHETHER ONE OR OTHER OF THOSE AGREEMENTS DEALS WITH THE RIGHT TO BE AFFILIATED TO THE SOCIAL SECURITY SCHEME OF THE UNITED KINGDOM IN A CASE SUCH AS THAT OF THE CLAIMANT .
Decision on costs
18 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE APPEAL PENDING BEFORE THE