HER CHILD WAS BORN IN FEBRUARY 1983 , THE PLAINTIFF WAS PAID FAMILY ALLOWANCES IN RESPECT OF THE SECOND QUARTER OF 1983 BY THE DEFENDANT ; THE LATTER SUBSEQUENTLY DEMANDED REPAYMENT OF THOSE ALLOWANCES ON THE GROUND THAT THE PLAINTIFF WAS NOT INSURED UNDER THE ALGEMENE KINDERBIJSLAGWET ( GENERAL LAW ON FAMILY ALLOWANCES ) ON 1 APRIL 1983 . THE REASON GIVEN BY THE DEFENDANT WAS THAT THE PLAINTIFF ' S HUSBAND , WHO RESIDED IN THE NETHERLANDS , ALTHOUGH NOT EXCLUDED FROM INSURANCE UNDER THE ALGEMENE KINDERBIJSLAGWET , WAS AFFILIATED TO THE BELGIAN INSTITUT NATIONAL D ' ASSURANCES SOCIALES POUR TRAVAILLEURS INDEPENDANTS ( NATIONAL SOCIAL SECURITY INSTITUTION FOR SELF-EMPLOYED PERSONS ) AND WAS THEREFORE ENTITLED TO CLAIM FAMILY ALLOWANCES IN BELGIUM .
3 HAVING REGARD TO THE PROVISIONS OF THE RELEVANT NATIONAL LEGISLATION , THE RAAD VAN BEROEP CONSIDERED THAT THE ANSWER TO THE QUESTION WHETHER THE PLAINTIFF WAS WRONGLY PAID FAMILY ALLOWANCES FOR THE SECOND QUARTER OF 1983 DEPENDED ON WHETHER HER HUSBAND WAS INSURED UNDER THE ALGEMENE KINDERBIJSLAGWET ON 1 APRIL 1983 . IN THAT REGARD , THE RAAD VAN BEROEP FOUND THAT THE PLAINTIFF ' S HUSBAND WAS NOT EXCLUDED FROM INSURANCE UNDER THAT LAW BY ANY PROVISION OF NETHERLANDS LAW BUT THAT , BY VIRTUE OF ARTICLE 13 ( 1 ) IN CONJUNCTION WITH ARTICLE 13 ( 2 ) ( B ) OF REGULATION NO 1408/71 , ONLY THE BELGIAN LEGISLATION WAS APPLICABLE TO HIM .
4 IN THOSE CIRCUMSTANCES THE RAAD VAN BEROEP REFERRED THE FOLLOWING QUESTION TO THE COURT FOR A PRELIMINARY RULING :
' WHERE THE LEGISLATION OF A GIVEN MEMBER STATE IS DETERMINED TO BE THE LEGISLATION APPLICABLE TO A SELF-EMPLOYED WORKER PURSUANT TO ARTICLE 13 ( 2 ) ( B ) OF REGULATION NO 1408/71 , DOES THIS MEAN THAT THE SELF-EMPLOYED WORKER CANNOT SIMULTANEOUSLY BE REGARDED , BY VIRTUE OF ANOTHER MEMBER STATE ' S NATIONAL LAW ALONE , AS INSURED UNDER THE LEGISLATION OF THAT OTHER MEMBER STATE CONCERNING FAMILY ALLOWANCES , WITH THE RESULT THAT THE OPERATION OF COMMUNITY LAW DEPRIVES HIM OR HIS SPOUSE OF FAMILY ALLOWANCES TO WHICH HE OR SHE IS ENTITLED UNDER THE NATIONAL LEGISLATION OF THAT OTHER MEMBER STATE ALONE?
'
5 THE NETHERLANDS GOVERNMENT OBSERVES THAT REGULATION NO 1408/71 EXPRESSLY PROVIDES IN ARTICLE 13 ( 1 ) OF TITLE II THAT , SUBJECT TO ARTICLE 14 C , PERSONS TO WHOM THE REGULATION APPLIES ARE TO BE SUBJECT TO THE LEGISLATION OF A SINGLE MEMBER STATE ONLY AND THE LEGISLATION APPLICABLE IS TO BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF TITLE II , AS THE COURT CONFIRMED IN ITS JUDGMENT OF 23 SEPTEMBER 1982 IN CASE 267/81 ( KUIJPERS ( 1982 ) ECR 3027 ); REGULATION NO 1390/81 EXTENDED THAT PROVISION TO SELF-EMPLOYED PERSONS BY AMENDING ARTICLE 13 ( 1 ) AND ( 2 ) OF REGULATION NO 1408/71 ACCORDINGLY .
6 ACCORDING TO THE NETHERLANDS GOVERNMENT , THE PRINCIPLE THAT RIGHTS ACQUIRED UNDER NATIONAL LEGISLATION CANNOT BE AFFECTED BY