, THE BAYERISCHES LANDESSOZIALGERICHT ( CASE 41/79 ), THE BUNDESSOZIALGERICHT ( CASE 121/79 ) AND THE HESSISCHES LANDESSOZIALGERICHT ( CASE 796/79 ) REFERRED QUESTIONS TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY ON THE INTERPRETATION AND THE VALIDITY OF ARTICLE 69 ( 2 ) OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( II ), P . 416 ).
2 THOSE QUESTIONS ARISE OUT OF DISPUTES BETWEEN THE BUNDESANSTALT FUR ARBEIT ( FEDERAL EMPLOYMENT OFFICE ), OF NUREMBERG , AND CERTAIN UNEMPLOYED WORKERS WHO , HAVING AVAILED THEMSELVES OF THE OPPORTUNITY OFFERED BY ARTICLE 69 ( 1 ) OF REGULATION NO 1408/71 TO GO TO ITALY TO SEEK EMPLOYMENT , DID NOT RETURN TO THE FEDERAL REPUBLIC OF GERMANY WITHIN THE PERIOD OF THREE MONTHS LAID DOWN BY THAT PROVISION .
THE BUNDESANSTALT FUR ARBEIT REFUSED TO CONTINUE TO PAY UNEMPLOYMENT BENEFIT TO THE WORKERS CONCERNED ON THE BASIS OF ARTICLE 69 ( 2 ) OF THE SAID REGULATION , WHICH PROVIDES THAT A WORKER LOSES ALL ENTITLEMENT TO BENEFITS UNDER THE LEGISLATION OF THE COMPETENT STATE IF HE DOES NOT RETURN THERE BEFORE THE SAID THREE MONTH PERIOD HAS EXPIRED . IT LIKEWISE REFUSED TO APPLY IN THEIR FAVOUR THE PROVISION OF THE SECOND SENTENCE OF ARTICLE 69 ( 2 ) OF THE SAID REGULATION WHICH , IN EXCEPTIONAL CASES , ALLOWS THE COMPETENT SERVICES OR INSTITUTIONS TO EXTEND THE PERIOD OF THREE MONTHS TO WHICH THE CONTINUANCE OF BENEFIT IS SUBJECT . THE WORKERS CONCERNED THEN BROUGHT ACTIONS BEFORE THE GERMAN COURTS SEEKING A DECLARATION THAT THEY WERE ENTITLED TO CONTINUE TO RECEIVE UNEMPLOYMENT BENEFITS .
3 THE QUESTIONS REFERRED BY THE NATIONAL COURTS ARE BASICALLY INTENDED TO ESTABLISH WHETHER ARTICLE 69 ( 2 ) OF REGULATION NO 1408/71 DEPRIVES AN UNEMPLOYED WORKER WHO RETURNS TO THE COMPETENT STATE AFTER THE THREE MONTH PERIOD LAID DOWN BY ARTICLE 69 ( 1 ) ( C ) HAS EXPIRED OF ALL ENTITLEMENT TO UNEMPLOYMENT BENEFIT AS AGAINST THAT STATE EVEN WHERE THE SAID WORKER WOULD RETAIN A RESIDUAL ENTITLEMENT TO BENEFITS BY VIRTUE OF THE LEGISLATION OF THAT STATE . IN THE EVENT OF THAT QUESTION ' S BEING ANSWERED IN THE AFFIRMATIVE , DOUBTS AS TO THE COMPATIBILITY OF ARTICLE 69 ( 2 ) WITH ARTICLES 48 TO 51 OF THE TREATY AND WITH THE REQUIREMENTS OF THE PROTECTION OF FUNDAMENTAL RIGHTS HAVE BEEN EXPRESSED BY THE NATIONAL COURTS IN THE GROUNDS FOR THEIR ORDERS , BY THE PLAINTIFF IN THE MAIN ACTION IN CASE 41/79 AND BY THE GOVERNMENT OF THE ITALIAN REPUBLIC IN THEIR OBSERVATIONS SUBMITTED TO THE COURT .
AS TO THE INTERPRETATION OF ARTICLE 69 ( 2 )
4 ARTICLE 69 OF REGULATION NO 1408/71 ENABLES AN UNEMPLOYED WORKER TO BE EXEMPT FOR A SPECIFIC PERIOD , FOR THE PURPOSE OF SEEKING EMPLOYMENT IN ANOTHER