NO LONGER IN FORCE IS IRRELEVANT IN RELATION TO THE REPLIES TO BE GIVEN TO THE QUESTIONS REFERRED TO THE COURT .
16 IT FOLLOWS FROM THE WORDING OF PARAGRAPH 4 OF PART H OF ANNEX V TO THE REGULATION , CITED ABOVE , THAT THE PERIODS REFERRED TO IN THE QUESTIONS ARE TO BE REGARDED AS PERIODS OF INSURANCE COMPLETED UNDER NETHERLANDS LEGISLATION AND THAT THEY ARE TO BE REGARDED AS PERIODS COMPLETED UNDER LEGISLATION OF THE TYPE REFERRED TO IN ARTICLE 37 ( 1 ) ( KNOWN AS ' ' TYPE A ' ' ). THE FACT THAT THE CONTRIBUTIONS PAID WERE SUBSEQUENTLY REDEEMED AND THAT , IN RESPECT OF THE PERIOD FROM 1 JANUARY 1965 TO 1 JULY 1967 , NO CONTRIBUTION WAS PAID IS IRRELEVANT IN THAT CONNECTION . THE FACT THAT THE INSURANCE SCHEME IN FORCE BEFORE 1 JULY 1967 WAS IN FACT OF TYPE B IS EQUALLY IRRELEVANT .
17 IT FOLLOWS THAT THE PERIODS REFERRED TO BY THE QUESTIONS ARE TO BE REGARDED AS PERIODS OF INSURANCE ACTUALLY COMPLETED UNDER THE NETHERLANDS LEGISLATION AND NOT AS PERIODS NOT COVERED BY INSURANCE , WHICH ARE THEREFORE , IN CERTAIN CIRCUMSTANCES , TREATED AS PERIODS OF INSURANCE .
18 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE REPLY TO THE FIRST THREE QUESTIONS REFERRED TO THE COURT BY THE RAAD VAN BEROEP , AMSTERDAM , MUST BE THAT FOR 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 ;
ARE TO BE REGARDED AS PERIODS OF INSURANCE AND NOT AS PERIODS TREATED AS SUCH .
19 IN VIEW OF THE REPLY GIVEN TO THE FIRST THREE QUESTIONS THE FOURTH QUESTION HAS LOST ITS PURPOSE .
Decision on costs
COSTS
20 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER ),
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE RAAD VAN BEROEP , AMSTERDAM , BY ORDER OF 19 OCTOBER 1982 , HEREBY RULES :
FOR THE PURPOSES OF THE APPLICATION OF ARTICLE 46 OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( II ), P . 416 ) AND OF ARTICLE 15 OF REGULATION