THE MEMBER STATE ON WHOSE TERRITORY HE WAS LAST EMPLOYED , BY VIRTUE OF ARTICLE 13 ( 2 ) ( A ) OF REGULATION NO 1408/71 , PRECLUDED THAT PERSON FROM BEING SIMULTANEOUSLY INSURED UNDER ANOTHER MEMBER STATE ' S LEGISLATION ALONE , IN THIS CASE THE GENERAL LAW , EVEN THOUGH THE PERSON CONCERNED WOULD THUS BE DEPRIVED OF A RIGHT TO BENEFITS ACQUIRED UNDER THAT OTHER MEMBER STATE ' S LEGISLATION ALONE .
7 HOWEVER , THE RAAD VAN BEROEP CONSIDERED THAT , EVEN IF ARTICLE 13 DID NOT PRECLUDE THE APPLICATION OF NETHERLANDS LEGISLATION ALONE , THE PAYMENT OF BENEFITS TO THE PLAINTIFF UNDER THE GENERAL LAW COULD BE REFUSED ON THE GROUND THAT SHE HAD NOT BEEN CONTINUOUSLY RESIDENT IN THE NETHERLANDS FROM 1 JANUARY 1975 TO 1 OCTOBER 1976 , AS REQUIRED BY ARTICLE 91 ( C ) OF THE GENERAL LAW , WHICH PROVIDES AS FOLLOWS :
' AN INSURED PERSON SHALL BE ENTITLED TO INVALIDITY BENEFITS AS SPECIFIED IN ARTICLES 89 AND 90 PROVIDED THAT : ( A ) HE IS A NETHERLANDS NATIONAL ; ( B ) HE WAS LIVING IN THE NETHERLANDS ON 1 OCTOBER 1976 ; AND ( C ) EITHER ( 1 ) HE LIVED IN THE NETHERLANDS BETWEEN 1 JANUARY 1975 AND 1 OCTOBER 1976 ; OR ( 2 ) HE HAS LIVED IN THE NETHERLANDS , SURINAM OR THE NETHERLANDS ANTILLES SINCE 1 OCTOBER 1970 FOR A PERIOD OF SIX YEARS , WHETHER CONTINUOUSLY OR OTHERWISE . '
THE RAAD VAN BEROEP THUS RAISED THE QUESTION WHETHER THAT CONDITION OF RESIDENCE WAS COMPATIBLE WITH COMMUNITY LAW .
8 IN THOSE CIRCUMSTANCES , THE RAAD VAN BEROEP REFERRED TO THE COURT THE FOLLOWING QUESTIONS FOR A PRELIMINARY RULING :
' ( 1 ) DOES A WORKER WHO , IN CONNECTION WITH THE PURSUIT OF AN ACTIVITY IN THE TERRITORY OF A MEMBER STATE , RECEIVES SICKNESS BENEFITS UNDER THE LEGISLATION OF THAT MEMBER STATE , AND WHO DID NOT GO TO WORK IN THE TERRITORY OF ANOTHER MEMBER STATE WHILE HE WAS IN RECEIPT OF THOSE BENEFITS , CONTINUE TO BE SUBJECT TO THAT LEGISLATION PURSUANT TO ARTICLE 13 ( 2 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 EVEN THOUGH ALMOST A YEAR AND A HALF HAS ELAPSED SINCE THE AWARD OF THOSE SICKNESS BENEFITS AND THE TERMINATION OF THAT ACTIVITY ( AND OF THE EMPLOYMENT RELATIONSHIP)?
( 2 ) DOES THE DETERMINATION OF THE LEGISLATION OF A SPECIFIC MEMBER STATE AS THE LEGISLATION APPLICABLE TO A SPECIFIC WORKER PURSUANT TO ARTICLE 13 ( 2 ) ( A ) OF REGULATION NO 1408/71 MEAN THAT THE WORKER CANNOT SIMULTANEOUSLY BE REGARDED AS INSURED UNDER THE NATIONAL LAW OF ANOTHER MEMBER STATE ALONE , PURSUANT TO THE LEGISLATION OF THAT OTHER MEMBER STATE CONCERNING INVALIDITY BENEFITS , WITH THE RESULT THAT THE OPERATION OF COMMUNITY LAW DEPRIVES HIM OF INVALIDITY BENEFITS TO WHICH HE IS ENTITLED UNDER THE NATIONAL LEGISLATION OF THAT OTHER MEMBER STATE