, OTHER THAN INCOME FROM EMPLOYMENT OR FROM A PROFESSION OR TRADE ENGAGED IN ON A SELF-EMPLOYED BASIS WITHIN THE MEANING OF THE NATIONAL LEGISLATION?
( 4)DOES THE EXPRESSION ' ' SELF-EMPLOYED PERSON ' ' , AS DEFINED INTER ALIA IN ARTICLE 1 ( A ) ( II ) OF REGULATION NO 1408/71 , OR THE PHRASE ' ' CARRIES OUT AN ACTIVITY AS A . . . SELF-EMPLOYED PERSON ' ' IN ARTICLE 1 ( A ) ( IV ) ALSO INCLUDE A PERSON WHO CAN BE VOLUNTARILY INSURED , WHETHER CONTINUOUSLY OR OTHERWISE , UNDER A SOCIAL SECURITY SCHEME FOR ALL RESIDENTS WHO PURSUE AN ACTIVITY , EVEN THOUGH THAT PERSON CANNOT BE REGARDED AS AN EMPLOYED PERSON OR AS A SELF-EMPLOYED PERSON WITHIN THE MEANING OF THE RELEVANT NATIONAL LEGISLATION BUT ENJOYS BY VIRTUE OF SUCH VOLUNTARY INSURANCE THE SAME DEGREE OF PROTECTION AS A ' ' REAL ' ' EMPLOYED OR SELF-EMPLOYED PERSON?
( 5)IS LEGISLATION WHICH IN SCOPE APPLIES TO AREAS OUTSIDE THE TERRITORY OF THE COMMUNITY TO BE REGARDED AS ' ' LEGISLATION ' ' WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 1408/71?
IF THAT QUESTION IS ANSWERED IN THE AFFIRMATIVE , DOES THIS MEAN THAT AN EMPLOYED OR SELF-EMPLOYED PERSON WHO HAS BEEN EXCLUSIVELY SUBJECT TO THAT LEGISLATION IN RESPECT OF ACTIVITIES PURSUED OUTSIDE THE TERRITORY OF THE COMMUNITY MAY CLAIM THE PROTECTION AFFORDED BY REGULATION NO 1408/71?
( 6)IF ON THE BASIS OF A PROVISION OF NATIONAL LEGISLATION THE AWARD OF BENEFITS TO A PERSON IS REFUSED ON THE GROUND THAT HE WAS NOT INCAPACITATED FOR WORK IN THE MEMBER STATE IN QUESTION FOR A CONTINUOUS PERIOD OF 52 WEEKS , DOES THIS MEAN THAT BENEFITS HAVE NOT BEEN AWARDED BY REASON OF THE PLACE OF RESIDENCE , WITHIN THE MEANING OF ARTICLE 2 ( 4 ) OF REGULATION ( EEC ) NO 1390/81?
WOULD THE ANSWER TO THIS QUESTION BE DIFFERENT IF THE PHRASE ' ' INCAPACITATED FOR WORK IN THE MEMBER STATE IN QUESTION ' ' WERE INTERPRETED AS MEANING THAT THE PERSON CONCERNED MUST HAVE HAD A PLACE OF RESIDENCE IN THAT MEMBER STATE?
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9 BY A DECISION OF 26 NOVEMBER 1985 , THE COURT ASSIGNED THE CASE TO THE SECOND CHAMBER .
10 THE NETHERLANDS GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES HAVE SUBMITTED WRITTEN OBSERVATIONS TO THE COURT .
11 THE NATIONAL COURT HAS SUBMITTED A SERIES OF QUESTIONS RELATED TO THE PRINCIPAL ISSUE OF WHETHER A RESIDENCE REQUIREMENT , CONSTITUTING A CONDITION FOR THE AWARD OF AN INVALIDITY BENEFIT , IS , IN THE CIRCUMSTANCES OF THIS CASE , COMPATIBLE WITH COMMUNITY LAW . IN ORDER TO REPLY TO THAT POINT , WHICH IS RAISED IN THE FIRST AND SIXTH QUESTIONS , IT IS FIRST NECESSARY TO CONSIDER THE PRELIMINARY POINTS REFERRED TO IN THE REMAINING QUESTIONS , CONCERNING THE DEFINITION OF THE TERMS ' SELF-EMPLOYED PERSON ' AND ' LEGISLATION ' WITHIN THE MEANING OF REGULATION NO 1408/71 , AS AMENDED