THE REGULATION APPLIES " MENTIONS IN LETTER ( G ) OF THE HEADING " FRANCE " THE LEGISLATION RELATING TO " ALLOWANCES TO AGED WAGE-EARNERS ".
15 THE EFFECT OF THE DEFINITIONS IN ARTICLE 1(P ) OF THE REGULATION CANNOT BE TO EXCLUDE FROM THE FIELD OF APPLICATION OF THE REGULATION NON-CONTRIBUTORY SOCIAL SECURITY SCHEMES .
16 THIS PROVISION MUST IN FACT BE READ TOGETHER WITH SUBPARAGRAPH ( R ) OF THE SAME ARTICLE .
17 AS THIS SUBPARAGRAPH GIVES A WIDE INTERPRETATION OF " ASSIMILATED PERIODS " THERE IS NO REASON WHY THE PERIODS REFERRED TO IN SUCH A NON-CONTRIBUTORY SOCIAL SECURITY SCHEME SHOULD NOT BE REGARDED AS ASSIMILATED PERIODS WITHIN THE MEANING OF ARTICLE 27 .
18 THE SYSTEM OF AGGREGATION PROVIDED FOR IN ARTICLE 27(1 ) OF REGULATION NO 3 THEREFORE ALSO APPLIES TO THE LEGISLATION MENTIONED IN ANNEX D WHETHER IT ESTABLISHES CONTRIBUTORY OR NON-CONTRIBUTORY SCHEMES .
19 ARTICLE 6(2)(E ) PROVIDES, " THE PROVISIONS OF THIS REGULATION NOTWITHSTANDING ", THAT SUCH OTHER PROVISIONS OF SOCIAL SECURITY CONVENTIONS AS ARE LISTED IN ANNEX D SHALL CONTINUE TO APPLY .
20 THE SAID ARTICLE MAKES IT CLEAR THAT THE REGULATION IS NOT INTENDED TO DETRACT FROM THE PROVISIONS OF THESE CONVENTIONS WHICH WERE CONCLUDED BEFORE IT ENTERED INTO FORCE .
21 THE REGULATION THEREFORE CONTINUES TO APPLY TO THE EXTENT TO WHICH THESE CONVENTIONS DO NOT IMPEDE ITS APPLICATION .
22 IT IS FOR THE NATIONAL COURT TO DECIDE WHAT EFFECT THE CONVENTIONS LISTED IN ANNEX D HAVE, AFTER TAKING INTO ACCOUNT THE IMPACT OF REGULATION NO 3 AND IN PARTICULAR ANNEX B THEREOF ON NATIONAL REGULATIONS .
Decision on costs
23 THE COSTS INCURRED BY THE GOVERNMENT OF THE FRENCH REPUBLIC AND BY THE COMMISSION OF THE EEC WHICH HAVE SUBMITTED THEIR OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE .
SINCE THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE FRENCH COUR DE CASSATION, THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTION REFERRED TO IT FOR A PRELIMINARY RULING BY JUDGMENT OF 24 OCTOBER 1968 OF THE FRENCH COUR DE CASSATION ( CHAMBRE SOCIALE ), HEREBY RULES :
THE SYSTEM OF AGGREGATION PROVIDED FOR BY ARTICLE 27(1 ) OF REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ALSO APPLIES TO THE LEGISLATION MENTIONED IN ANNEX B, WHETHER IT ESTABLISHES A CONTRIBUTORY OR NON-CONTRIBUTORY SCHEME . THE SAID REGULATION CONTINUES TO APPLY TO THE EXTENT TO WHICH THE CONVENTIONS MENTIONED IN ANNEX D DO NOT IMPEDE ITS APPLICATION .