1971 ( II ), P . 416 ).
2 THIS QUESTION ASKS WHETHER, UNDER ARTICLE 27 ( 1 ) OF EEC REGULATION NO 3 AND ARTICLE 45 ( 1 ) OF REGULATION ( EEC ) NO 1408/71 ACCOUNT IS TO BE TAKEN, FOR THE ACQUISITION OF THE RIGHT TO BENEFITS, OF INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE, WHICH IN ESSENCE ARE EQUIVALENT PERIODS BUT WHICH ARE NOT RECKONABLE UNDER THE NATIONAL LAW OF THE FEDERAL REPUBLIC OF GERMANY TOWARDS THE QUALIFYING INSURANCE PERIOD FOR THE ACQUISITION OF THE RIGHT TO BENEFIT OR IN CALCULATING THE BENEFIT, BUT THE COMPLETION OF WHICH BEFORE A CLAIM IS MADE IS SIMPLY AN ADDITIONAL CONDITION OF THE RIGHT TO BENEFITS .
3 IT EMERGES FROM THE FILE THAT UNDER THE GERMAN LEGISLATION IN FORCE AT THAT TIME, A PERSON WHO, INTER ALIA, HAS BEEN CONTINUOUSLY UNEMPLOYED FOR AT LEAST ONE YEAR SHALL BE ENTITLED TO EARLY RETIREMENT BENEFIT BEFORE ATTAINING 65 YEARS OF AGE .
THE PLAINTIFF IN THE MAIN ACTION, WHO IS OF ITALIAN NATIONALITY, WAS EMPLOYED IN THE GERMAN REICH FROM JUNE 1941 TO JULY 1943, FOR THE FIRST THREE MONTHS OF WHICH HE WAS EMPLOYED WITHIN THE TERRITORY OF WHAT IS NOW THE FEDERAL REPUBLIC OF GERMANY; FROM 1947 HE WAS EMPLOYED IN THE FRENCH REPUBLIC WHERE HE WAS REGISTERED AS UNEMPLOYED WITH A FRENCH EMPLOYMENT BUREAU IN DECEMBER 1968 .
IN THE MAIN ACTION, HE CLAIMS THAT THE DEFENDANT SHOULD GRANT HIM EARLY RETIREMENT BENEFIT, ON A PROPORTIONAL BASIS, ON THE GROUND OF THOSE THREE MONTHS' WORK AND MEMBERSHIP OF THE SOCIAL INSURANCE SCHEME WITHIN THE TERRITORY OF WHAT IS NOW THE FEDERAL REPUBLIC OF GERMANY, AGGREGATED WITH THE PERIODS COMPLETED UNDER THE LEGISLATION OF OTHER MEMBER STATES .
THE DEFENDANT IN THE MAIN ACTION REFUSED THIS APPLICATION ON THE GROUND THAT UNDER GERMAN LAW THE TERM 'UNEMPLOYMENT' IMPLIES THAT THE UNEMPLOYED PERSON IS AVAILABLE TO THE GERMAN EMPLOYMENT BUREAU AND ON THE GROUND THAT THERE IS NO PROVISION OF COMMUNITY LAW WHICH CALLS FOR ANY DIFFERENT INTERPRETATION .
4 THE RIGHT TO UNEMPLOYMENT BENEFIT PRESUPPOSES THAT THE UNEMPLOYED PERSON IS AVAILABLE TO THE EMPLOYMENT BUREAU AT WHICH HE IS REGISTERED, AS APPEARS FROM CHAPTER 6 OF REGULATION NO 1408/71, IN PARTICULAR ARTICLES 69 AND 71 THEREOF .
BECAUSE VACANT POSTS VARY FROM ONE REGION OF THE COMMUNITY TO ANOTHER, UNEMPLOYMENT BENEFITS ARE LINKED TO THE GEOGRAPHICAL REGION IN WHICH THE PERSON CONCERNED BECAME UNEMPLOYED .
5 TO ENABLE AN UNEMPLOYED WORKER TO MOVE TO SEEK WORK, COMMUNITY LAW HAS PROVIDED THAT AN UNEMPLOYED WORKER MAY UNDER CERTAIN CONDITIONS MOVE WITHIN THE COMMUNITY WHILST RETAINING THE RIGHT TO UNEMPLOYMENT BENEFIT .
THUS, ACCORDING TO THE NINTH RECITAL IN THE PREAMBLE TO REGULATION NO 1408/71, IN ORDER TO FACILITATE SEARCH FOR EMPLOYMENT IN THE VARIOUS MEMBER STATES, IT IS APPROPRIATE TO GRANT TO AN UNEMPLOYED WORKER, FOR A LIMITED PERIOD, THE UNEMPLOYMENT BENEFITS PROVIDED FOR BY THE LEGISLATION OF THE MEMBER STATE TO WHICH HE WAS LAST SUBJECT .
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