THE DECISIVE CRITERION IS THE AFFILIATION OF AN INSURED PERSON TO A SOCIAL SECURITY SCHEME OF A MEMBER STATE, THE FACT THAT THE INSURANCE PERIODS COMPLETED UNDER THAT SCHEME WERE COMPLETED IN NON-MEMBER COUNTRIES IS UNIMPORTANT .
26 IT FOLLOWS THAT NATIONAL RULES SUCH AS THOSE CONTAINED IN THE BELGIAN LAW OF 17 JULY 1963 ESTABLISHING A SOCIAL SECURITY SCHEME WHICH IS ADMINISTERED UNDER THE SUPERVISION OF THE BELGIAN STATE BY A PUBLIC INSTITUTION GOVERNED BY BELGIAN LAW, CONSTITUTES "LEGISLATION" WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 AND THAT SUCH A SCHEME IS NOT REMOVED FROM THE SCOPE OF APPLICATION OF THAT REGULATION AND IN PARTICULAR FROM THE PRINCIPLE OF EQUAL TREATMENT EXPRESSED IN ARTICLE 3 ( 1 ) THEREOF MERELY BECAUSE THE BENEFITS PROVIDED FOR CAN BE BASED ONLY ON INSURANCE PERIODS COMPLETED OUTSIDE THE COMMUNITY .
27 THAT CONCLUSION DOES NOT CONFLICT IN ANY WAY WITH THE PROVISIONS RESTRICTING THE TERRITORIAL SCOPE OF APPLICATION OF THE EEC TREATY . REGULATION NO 1408/71 IMPOSES REQUIREMENTS WITH REGARD TO THAT SCHEME ONLY IN SO FAR AS THE SCHEME PRODUCES EFFECTS WITHIN THE COMMUNITY .
28 THE ANSWER TO BE GIVEN TO THE NATIONAL COURTS MUST THEREFORE BE THAT NATIONAL RULES SUCH AS THOSE LAID DOWN IN THE LAW OF 17 JULY 1963 ARE COVERED BY REGULATION NO 1408/71 AS LEGISLATION OF A MEMBER STATE, EVEN IF THE BENEFITS FOR WHICH THEY PROVIDE CAN BE BASED ONLY ON PERIODS OF ACTIVITY COMPLETED IN NON-MEMBER STATES, AND THE PROVISIONS OF REGULATION NO 1408/71, IN PARTICULAR ARTICLE 3 ( 1 ), ARE APPLICABLE TO WORKERS WHO ARE, OR HAVE BEEN, SUBJECT TO SUCH RULES .
Decision on costs
COSTS
29 THE COSTS INCURRED BY THE BELGIAN GOVERNMENT, THE ITALIAN GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE . SINCE THE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, A STEP IN THE PROCEEDINGS BEFORE THE NATIONAL COURTS, THE DECISION ON COSTS IS A MATTER FOR THOSE COURTS .
Operative part
ON THOSE GROUNDS,
THE COURT ( SECOND CHAMBER ),
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE TRIBUNAL DU TRAVAIL, BRUSSELS, AND THE COUR DU TRAVAIL, MONS, BY JUDGMENTS OF 3 MARCH 1986 AND 25 APRIL 1986 RESPECTIVELY, HEREBY RULES :
( 1 ) A PERSON INSURED UNDER A VOLUNTARY INSURANCE SCHEME SUCH AS THAT ESTABLISHED BY THE BELGIAN LAW OF 17 JULY 1963 WHO, DURING THE PERIOD IN WHICH HE PARTICIPATED IN THAT INSURANCE SCHEME, PURSUED AN ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON IS TO BE REGARDED AS A "WORKER", AND THE SURVIVOR OF SUCH A PERSON IS TO BE REGARDED AS THE SURVIVOR OF A WORKER FOR THE PURPOSES OF REGULATION NO 1408/71;
( 2 ) NATIONAL RULES SUCH AS THOSE LAID DOWN IN THE LAW OF 17 JULY 1963 ARE COVERED BY REGULATION NO 1408/71 AS LEGISLATION OF A MEMBER STATE, EVEN IF THE BENEFITS