PROVISIONS OF EITHER OF THE ABOVE REGULATIONS?
( 2 ) IF THE ANSWER TO EITHER QUESTION 1 ( A ) OR QUESTION 1 ( B ) IS AFFIRMATIVE, IS THE PROVISION FOR SUSPENSION CONTAINED IN THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION 574/72 TO BE INTERPRETED AS MEANING THAT IT APPLIES WHENEVER THE INSTITUTION OF ANOTHER MEMBER STATE HAS GRANTED FAMILY BENEFITS TO AN EMPLOYED EARNER IN RESPECT OF THE SAME CHILD UNDER THE PROVISIONS OF ITS DOMESTIC LAW WITHOUT INVOKING ARTICLE 73 OF REGULATION 1408/71, IF APART FROM THOSE PROVISIONS OF ITS DOMESTIC LAW IT SHOULD HAVE AWARDED LIKE BENEFITS IN PURSUANCE OF THAT ARTICLE?
( 3 ) IF THE ANSWER TO QUESTION 2 IS AFFIRMATIVE, IS ARTICLE 10 ( 1 ) ( A ) OF REGULATION 574/72 INCOMPATIBLE WITH ARTICLE 51 OF THE EEC TREATY IN SO FAR AS IT DEPRIVES A PERSON OF A RIGHT CONFERRED ON HIM OR HER BY A MEMBER STATE INDEPENDENTLY OF COMMUNITY LAW OR DOES SO WITHOUT COMPENSATORY ADVANTAGE TO THAT PERSON?"
9 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED DESCRIPTION OF THE FACTS, THE PROCEDURE AND THE OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
THE FIRST QUESTION
10 THE SOCIAL SECURITY COMMISSIONER STATES IN HIS DECISION THAT THE PURPOSE OF THE FIRST QUESTION IS TO DETERMINE WHETHER THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 CAN BE APPLIED IN THE PRESENT CASE AT ALL . THE TWO PARTS OF THAT QUESTION SHOULD THEREFORE BE READ TOGETHER AS BEING DIRECTED TO THE QUESTION WHETHER ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 MAY, WHERE FAMILY BENEFITS OR FAMILY ALLOWANCES ARE DUE IN RESPECT OF A CHILD, APPLY TO A PERSON WHO, DEPENDING ON HIS OR HER CONTRIBUTIONS TO A SOCIAL SECURITY SCHEME FOR EMPLOYED PERSONS, MAY OR MAY NOT BE TREATED AS AN EMPLOYED PERSON FOR THE PURPOSES OF REGULATIONS NOS . 1408/71 AND 574/72 .
11 IT MUST BE POINTED OUT THAT IN ITS JUDGMENT OF 4 JULY 1985 IN CASE 104/84 KROMHOUT V RAAD VAN ARBEID (( 1985 )) ECR*2213 ), THE COURT HELD THAT THE FIRST SENTENCE OF ARTICLE 10 ( 1 ) ( A ) OF REGULATION NO 574/72 APPLIES "WHERE A CHILD IN RESPECT OF WHOM FAMILY BENEFITS OR FAMILY ALLOWANCES ARE DUE IS, AS A MEMBER OF THE FAMILY OF ONE OF THE RECIPIENTS OF SUCH BENEFITS OR ALLOWANCES, A PERSON COVERED BY THE COMMUNITY LEGISLATION ON SOCIAL SECURITY FOR EMPLOYED PERSONS, WITHOUT THERE BEING ANY NEED TO ASCERTAIN WHETHER THE OTHER RECIPIENT WHO IS ALSO ENTITLED TO FAMILY BENEFITS OR FAMILY ALLOWANCES IN RESPECT OF THE SAME CHILD IS ALSO COVERED BY THAT LEGISLATION ".
12 ACCORDINGLY, THE ANSWER TO THE FIRST QUESTION MUST BE THAT THE FIRST SENTENCE OF ARTICLE 10