BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE , DOES NOT PERMIT THE LATTER TO PASS JUDGMENT ON THE RELEVANCE OF THE QUESTIONS SUBMITTED .
7ACCORDINGLY THE QUESTION WHETHER THE PROVISIONS OR CONCEPTS OF COMMUNITY LAW WHOSE INTERPRETATION IS REQUESTED ARE IN FACT APPLICABLE TO THE CASE IN QUESTION LIES OUTSIDE THE JURISDICTION OF THE COURT OF JUSTICE AND FALLS WITHIN THE JURISDICTION OF THE NATIONAL COURT .
8IN THE FIRST QUESTION THE NATIONAL COURT ASKS WHETHER THE WORDS ' ' WHO SATISFIES THE CONDITIONS OF THE LEGISLATION OF THE COMPETENT STATE FOR ENTITLEMENT TO BENEFITS ' ' AT THE BEGINNING OF ARTICLE 22 ( 1 ) OF REGULATION NO 1408/71 ARE INTENDED TO DETERMINE THE PERSONS WHO IN PRINCIPLE ARE ELIGIBLE FOR BENEFITS OR WHETHER THEY ARE INTENDED TO LIMIT ITS SCOPE TO THOSE BENEFITS INCLUDED IN THE NATIONAL BENEFITS IN KIND PROVIDED FOR UNDER THE LEGISLATION OF THE COMPETENT STATE .
9THE NATIONAL COURT ALSO REQUESTS THE COURT OF JUSTICE TO CLARIFY THE MEANING AND SCOPE OF THE WORDS ' ' TREATMENT IN QUESTION ' ' , CONTAINED IN THE ABOVE- MENTIONED PROVISION , IN ORDER TO ESTABLISH IN PARTICULAR WHETHER THOSE WORDS REFER TO SPECIFIC TREATMENT WHICH IS GIVEN ONLY IN THE TERRITORY OF THE STATE IN WHICH THE PERSON CONCERNED STAYS OR WHICH AT LEAST IS NOT GIVEN IN THE TERRITORY OF THE STATE IN WHICH HE RESIDES OR WHETHER , MORE GENERALLY , THEY REFER TO THE APPROPRIATE TREATMENT OF THE ILLNESS OR DISEASE .
10THE COURT IS FURTHER ASKED WHETHER ' ' BENEFITS IN KIND PROVIDED ON BEHALF OF THE COMPETENT INSTITUTION BY THE INSTITUTION OF THE PLACE OF STAY OR RESIDENCE ' ' ARE THOSE TO WHICH ' ' A RIGHT EXISTS IN THE COUNTRY OF RESIDENCE ' ' OR THOSE WHICH THE COMPETENT INSTITUTION MAY PROVIDE .
11THE NATIONAL COURT FURTHER ASKS WHETHER THE OBLIGATION TO ISSUE THE AUTHORIZATION REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 22 ( 2 ) ALSO COVERS CASES IN WHICH THE RELEVANT TREATMENT DOES NOT APPEAR IN THE LIST OF NATIONAL BENEFITS IN KIND .
12SINCE ALL THESE QUESTIONS ARE RELATED IT IS APPROPRIATE TO CONSIDER THEM TOGETHER .
13THE REFERENCE IN THE FIRST SENTENCE OF ARTICLE 22 ( 1 ) TO ARTICLE 18 CONCERNING THE AGGREGATION OF INSURANCE PERIODS FOR THE PURPOSES OF THE ACQUISITION OF THE RIGHT TO BENEFITS SHOWS THAT THAT SENTENCE IS SOLELY CONCERNED TO ESTABLISH THE CLASS OF PERSONS TO WHOM ARTICLE 22 APPLIES BY LAYING DOWN A GENERAL CONDITION FOR ITS APPLICATION TO WHICH THE FOLLOWING SUBPARAGRAPHS ( A ), ( B ) AND ( C ) ADD SPECIFIC CONDITIONS .
14WITHIN THE CONTEXT OF THE GENERAL OBJECTIVES OF THE TREATY ARTICLE 22 OF THE REGULATION CONSTITUTES ONE OF THE MEASURES INTENDED TO PERMIT A WORKER WHO IS A NATIONAL OF ONE OF THE MEMBER STATES OF THE COMMUNITY , WITHOUT REGARD TO THE NATIONAL INSTITUTION TO WHICH HE IS AFFILIATED OR THE PLACE OF HIS RESIDENCE , TO RECEIVE