REFERRING ALSO TO PERSONS WHO ARE NOT ' EMPLOYED PERSONS ' WITHIN THE MEANING OF THE LAW OF EMPLOYMENT BUT WHO MUST BE TREATED AS SUCH FOR THE PURPOSES OF APPLYING REGULATION NO 1408/71 , TAKING ACCOUNT ON THE ONE HAND OF THE OBJECTIVES AND OF THE SPIRIT OF THIS REGULATION AND OF ARTICLES 48 TO 51 OF THE TREATY WHICH FORM ITS BASIS AND , ON THE OTHER HAND , OF THE SPECIAL FEATURES OF THE ADMINISTRATION OR FINANCING OF THE SCHEME TO WHICH SUCH PERSONS ARE AFFILIATED AND OF THE CHANGES WHICH HAVE TAKEN PLACE IN THE NATURE OF SUCH AFFILIATION .
29 THOSE CONDITIONS ARE FULFILLED IN CASES LIKE THE PRESENT WHICH ARE DISTINGUISHED BY THE FACT THAT ON THE ONE HAND THE PERSON CONCERNED ALSO PAID CONTRIBUTIONS AS AN EMPLOYED PERSON TO THE FINANCING OF THE RELEVANT SCHEME AND ON THE OTHER HAND THAT HIS ENTITLEMENT TO SICKNESS BENEFITS IN CASH AT THE FULL RATE DEPENDS UPON TAKING ACCOUNT OF THOSE CONTRIBUTIONS .
30 ACCORDINGLY THE REPLY TO THE NATIONAL INSURANCE COMMISSIONER MUST BE THAT PERSONS IN THE SITUATION DESCRIBED BY THAT TRIBUNAL ARE , UNDER BRITISH LEGISLATION , ' WORKERS ' WITHIN THE MEANING OF ARTICLE 1 ( A ) ( II ) OF REGULATION NO 1408/71 FOR THE PURPOSES OF THE APPLICATION OF THE FIRST SENTENCE OF ARTICLE 22 ( 1 ) ( II ) OF THAT REGULATION .
THE SECOND AND FOURTH QUESTIONS
31 IN THE SECOND AND FOURTH QUESTIONS THE COURT IS ASKED WHETHER THE PERSONS IN THE ABOVEMENTIONED SITUATION CONSTITUTE ' WORKERS ' WITHIN THE MEANING OF PARAGRAPH ( A ) OF ARTICLE 1 IN THAT THEY COME WITHIN THE SCOPE EITHER OF SUBPARAGRAPH ( I ) OR OF SUBPARAGRAPH ( III ) OF THAT PARAGRAPH .
32 IN VIEW OF THE REPLY TO BE GIVEN TO THE THIRD QUESTION IT IS UNNECESSARY TO CONSIDER THESE QUESTIONS .
Decision on costs
COSTS
33 THE COSTS INCURRED BY THE BRITISH GOVERNMENT , THE DANISH GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE .
34 AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE CASE PENDING BEFORE THE NATIONAL INSURANCE COMMISSIONER COSTS ARE A MATTER FOR HIM TO DECIDE .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE NATIONAL INSURANCE COMMISSIONER BY DECISION OF 12 FEBRUARY 1976 , HEREBY RULES :
1 . THE PROVISION IN PARAGRAPH 1 OF POINT I ( UNITED KINGDOM ) OF ANNEX V TO REGULATION NO 1408/71 , FAR FROM RESTRICTING THE DEFINITION OF THE TERM ' WORKER ' WHICH APPEARS IN ARTICLE 1 ( A ) OF THE REGULATION , IS SOLELY INTENDED TO CLARIFY THE SCOPE OF SUBPARAGRAPH ( II ) OF THIS PARAGRAPH VIS-A-VIS BRITISH LEGISLATION . 2 . A PERSON WHO :
- WAS COMPULSORILY INSURED AGAINST THE