CONSIDERED AS PERIODS OF INSURANCE COMPLETED UNDER A LEGISLATION OF THE TYPE REFERRED TO IN ARTICLE 37 ( 1 ) OF THE REGULATION . ' '
THE FIRST THREE QUESTIONS
12 THE QUESTIONS REFERRED TO THE COURT INQUIRE WHETHER , FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 46 OF REGULATION NO 1408/71 AND OF ARTICLE 15 OF REGULATION NO 574/72 :
( A ) A PERIOD OF EMPLOYMENT COMPLETED BEFORE 1 JANUARY 1965 UNDER THE NETHERLANDS LEGISLATION IN FORCE AT THAT TIME , IN RESPECT OF WHICH CONTRIBUTIONS WERE PAID IN ACCORDANCE WITH THAT LEGISLATION ;
( B)A PERIOD OF PAID EMPLOYMENT COMPLETED IN THE NETHERLANDS BEFORE 1 JULY 1967 IN RESPECT OF WHICH NO CONTRIBUTIONS WERE PAID ;
MUST BE REGARDED AS PERIODS OF INSURANCE OR AS PERIODS TREATED AS PERIODS OF INSURANCE .
13 ARTICLE 1 ( R ) OF REGULATION NO 1408/71 STATES THAT THE EXPRESSION ' ' PERIODS OF INSURANCE ' ' MEANS PERIODS OF CONTRIBUTION OR PERIODS OF EMPLOYMENT AS DEFINED OR RECOGNIZED AS PERIODS OF INSURANCE BY THE LEGISLATION UNDER WHICH THEY WERE COMPLETED OR CONSIDERED AS COMPLETED , AND ALL PERIODS TREATED AS SUCH , WHERE THEY ARE REGARDED BY THE SAID LEGISLATION AS EQUIVALENT TO PERIODS OF INSURANCE .
14 ARTICLE 1 ( J ) STATES THAT ' ' LEGISLATION ' ' MEANS IN RESPECT OF EACH MEMBER STATE STATUTES , REGULATIONS AND OTHER PROVISIONS AND ALL OTHER IMPLEMENTING MEASURES , PRESENT OR FUTURE , RELATING TO THE BRANCHES AND SCHEMES OF SOCIAL SECURITY COVERED BY ARTICLE 4 ( 1 ) AND ( 2 ). ARTICLE 94 ( 2 ) PROVIDES THAT ALL PERIODS OF INSURANCE AND , WHERE APPROPRIATE , ALL PERIODS OF EMPLOYMENT OR RESIDENCE COMPLETED UNDER THE LEGISLATION OF A MEMBER STATE BEFORE 1 OCTOBER 1972 OR BEFORE THE DATE OF THE APPLICATION OF THE REGULATION IN THE TERRITORY OF THAT MEMBER STATE , IS TO BE TAKEN INTO CONSIDERATION FOR THE DETERMINATION OF RIGHTS TO BENEFITS UNDER THAT REGULATION .
15 THE COURT HAS ALREADY STATED IN ITS JUDGMENT OF 9 JUNE 1977 ( CASE 109/76 BLOTTNER V NIEUWE ALGEMENE BEDRIJFSVERENIGING ( 1977 ) ECR 1141 ) THAT THE WORDS ' ' PRESENT OR FUTURE ' ' WITHIN THE MEANING OF ARTICLE 1 ( J ) MUST NOT BE INTERPRETED AS EXCLUDING MEASURES WHICH WERE NO LONGER IN FORCE AT THE TIME OF THE ADOPTION OF REGULATION NO 1408/71 AND OF THE REGULATION IMPLEMENTING IT . THE OBJECTIVE OF ARTICLE 51 OF THE TREATY WOULD NOT BE ATTAINED IF THE WORKER LOST THE STATUS OF AN INSURED PERSON WITHIN THE MEANING OF THE COMMUNITY REGULATIONS SOLELY BECAUSE OF THE FACT THAT , WHEN THOSE REGULATIONS WERE ADOPTED , THE NATIONAL LEGISLATION IN FORCE AT THE TIME AT WHICH THE WORKER WAS INSURED HAD BEEN REPLACED BY DIFFERENT LEGISLATION . IT FOLLOWS FROM THOSE CONSIDERATIONS THAT THE FACT THAT THE LEGISLATION IN FORCE AT THE TIME DURING WHICH THE CONTRIBUTIONS WERE PAID AND THE EMPLOYMENT WAS PERFORMED IS