MALFITANO IS ENTITLED TO INVALIDITY BENEFITS WITHIN THE MEANING OF THE REGULATION , THE COURT MUST MAKE IT CLEAR THAT THE ARGUMENT PUT FORWARD BY THE BELGIAN INSTITUTION IS CONTRARY TO THE SPIRIT OF REGULATION NO 1408/71 , WHICH SEEKS TO IMPLEMENT ARTICLE 51 OF THE EEC TREATY BY INTRODUCING A SYSTEM GUARANTEEING THE MIGRANT WORKER THAT ANY PERIOD OF INSURANCE COMPLETED UNDER THE LEGISLATION OF MORE THAN ONE COUNTRY WILL BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF ELIGIBILITY , AND THE MAINTENANCE OF ELIGIBILITY , FOR BENEFITS AS WELL AS FOR THE CALCULATION FOR SUCH BENEFITS .
12 THE SYSTEM OF APPORTIONMENT UNDER REGULATION NO 1408/71 IS DESIGNED TO ENSURE THAT WHEN MIGRANT WORKERS EXERCISE THE RIGHT OF FREE MOVEMENT WITHIN THE COMMUNITY THEY DO NOT FORFEIT ENTITLEMENT AS A RESULT OF THE DISPARITIES BETWEEN THE DIFFERENT SOCIAL SECURITY SCHEMES OF THE MEMBER STATES .
13 IF THE MIGRANT WORKER HAS COMPLETED THE MINIMUM PERIOD OF INSURANCE REQUIRED FOR ELIGIBILITY , IT WOULD BE CONTRARY TO THE AIMS OF ARTICLE 51 OF THE TREATY FOR A NATIONAL ADMINISTRATION TO REFUSE BENEFITS ON THE GROUND THAT THE WORKER WAS NO LONGER INSURED UNDER THE NATIONAL LEGISLATION OF THAT MEMBER STATE WHEN HE EXERCISED HIS RIGHT OF FREE MOVEMENT WITHIN THE COMMON MARKET .
14 ACCORDINGLY , THE CONCEPT OF A RIGHT TO BENEFIT UNDER ARTICLE 48 ( 1 ) MUST BE UNDERSTOOD AS INCLUDING THE RIGHTS OF A WORKER UNDER AN INSURANCE SCHEME UNDER WHICH THE OBLIGATIONS OF THE INSURER DO NOT ARISE UNTIL THE RISK MATERIALIZES . ONCE SUCH A RIGHT HAS BEEN ACQUIRED UNDER THE CONDITIONS LAID DOWN BY THE NATIONAL LAW , THE WORKER MAY , PURSUANT TO REGULATION NO 1408/71 , CONTINUE TO BENEFIT FROM THE TAKING INTO CONSIDERATION OF PERIODS OF INSURANCE COMPLETED UNDER SUCH A SYSTEM EVEN IF NATIONAL LEGISLATION NO LONGER GRANTS HIM SUCH RIGHTS AT THE TIME AT WHICH THE RISK MATERIALIZES .
15 CONSEQUENTLY , IN ORDER TO ESTABLISH WHETHER A WORKER IS ENTITLED TO BENEFITS UNDER THE BELGIAN LEGISLATION WITHIN THE MEANING OF REGULATION NO 1408/71 , THE TRIBUNAL DU TRAVAIL MUST ASCERTAIN WHETHER HE HAS COMPLETED THE QUALIFYING PERIOD SPECIFIED BY THAT LEGISLATION .
Decision on costs
COSTS
16 THE COSTS INCURRED BY THE COMMISSION , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( THIRD CHAMBER )
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE TRIBUNAL DU TRAVAIL , CHARLEROI , BY AN INTERLOCUTORY JUDGMENT OF 8 FEBRUARY 1982 , HEREBY RULES :
1 . FOR THE PURPOSES OF ARTICLE 48 ( 1 ) OF REGULATION NO 1408/71 , THE DURATION OF RESIDENCE IN A MEMBER STATE IS TO