OLD-AGE INSURANCE SCHEME . ON 19 SEPTEMBER 1975 HIS NAME WAS ENTERED BY THE CHAMBER OF CRAFTS ON THE REGISTER OF CRAFTSMEN AS A SELF-EMPLOYED MASTER STONEMASON AND SCULPTOR IN STONE . FROM THAT DATE HE BECAME SUBJECT TO THE LAW ON PENSION INSURANCE FOR CRAFTSMEN WHICH PROVIDES FOR COMPULSORY INSURANCE IN THE PENSION SCHEME FOR EMPLOYED PERSONS SO LONG AS THE INSURED HAS PAID CONTRIBUTIONS FOR LESS THAN 216 MONTHS . IT APPEARS FROM THE FILE THAT THE PLAINTIFF HAS ONCE AGAIN BEEN WORKING AS AN EMPLOYED PERSON AS FROM 1 SEPTEMBER 1976 .
3 THE PLAINTIFF CONSIDERS THAT BECAUSE OF HIS CONTRIBUTIONS IN ITALY HE HAD PAID AT THE TIME WHEN HE WAS SUBJECT TO THE LEGISLATION ON PENSION INSURANCE FOR CRAFTSMEN CONTRIBUTIONS FOR MORE THAN 216 MONTHS SO THAT HE WAS NOT SUBJECT TO COMPULSORY INSURANCE DURING THE PERIOD WHEN HE WAS A SELF-EMPLOYED CRAFTSMAN .
4 THE COMPETENT SOCIAL SECURITY INSTITUTION , THE LANDESVERSICHERUNGSANSTALT RHEINPROVINZ , THE DEFENDANT IN THE MAIN ACTION , HOWEVER , TAKES THE VIEW THAT PROVISIONS OF REGULATION NO 1408/71 ON THE AGGREGATION OF INSURANCE PERIODS DO NOT APPLY IN THE PLAINTIFF ' S CASE . THE VIEW OF THE LANDESVERSICHERUNGSANSTALT IS THAT ARTICLE 45 OF THE REGULATION PROVIDES FOR AGGRETATION OF PERIODS ONLY FOR PURPOSES OF THE ACQUISITION , RETENTION OR RECOVERY OF THE RIGHT TO BENEFITS . THAT RULE CANNOT THEREFORE BE APPLIED TO DETERMINE WHETHER THERE IS COMPULSORY INSURANCE UNDER A PARTICULAR PENSION INSURANCE SCHEME OR MORE PARTICULARLY TO ESTABLISH WHETHER LIABILITY TO COMPULSORY INSURANCE HAS CEASED .
IN ORDER TO DECIDE THE MATTER THE LANDESSOZIALGERICHT HAS PUT THE FOLLOWING TWO QUESTIONS TO THE COURT :
( 1 ) IS ARTICLE 45 OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , WHICH GOVERNS THE TAKING INTO CONSIDERATION OF INSURANCE PERIODS COMPLETED IN OTHER MEMBER STATES FOR THE ACQUISITION , RETENTION OR RECOVERY OF THE RIGTH TO BENEFITS , ALSO TO BE APPLIED BY ANALOGY TO THE EXISTENCE OF THE OBLIGATION TO EFFECT SOCIAL INSURANCE?
( 2 ) WHEN DECIDING THE QUESTION OF THE OBLIGATION TO INSURE , WHICH IS LAID DOWN IN THE FIRST SENTENCE OF ARTICLE 1 ( 1 ) OF THE HANDWERKERVERSICHERUNGSGESETZ AND WHICH CEASES TO APPLY ONLY WHEN THERE ARE 216 MONTHLY INSURANCE CONTRIBUTIONS , ARE ITALIAN CONTRIBUTIONS ALSO TO ADDED TO THE GERMAN INSURANCE CONTRIBUTIONS OR NOT?
5 THE POSITION ADOPTED BY THE LANDESVERSICHERUNGSANSTALT WAS SUPPORTED BY THE COMMISSION BEFORE THE COURT . THE COMMISSION ARGUED THAT THE SOLE OBJECTIVE OF REGULATION NO 1408/71 IS TO CO-ORDINATE THE NATIONAL LEGAL SYSTEMS OF SOCIAL SECURITY , EACH OF WHICH DETERMINES THE CONDITIONS FOR AFFILIATION TO THE VARIOUS SECURITY SCHEMES , INCLUDING THE CONDITIONS UNDER WHICH COMPULSORY AFFILIATION CEASES . IN THESE CIRCUMSTANCES ARTICLE 45 OF THE REGULATION MUST BE UNDERSTOOD AS SOLELY DETERMINING THE EFFECT OF INSURANCE PERIODS COMPLETED UNDER THE VARIOUS NATIONAL LEGAL SYSTEMS AND NOT AS LAYING DOWN THE CONDITIONS UNDER WHICH COMPULSORY INSURANCE ARISES OR CEASES . IN THE COMMISSION '