IN THE PRESENT CASE , CONTRIBUTIONS ARE PAID BACK TO THE PERSON ENTITLED TO RECEIVE THEM UPON THE CESSATION OF ANY OBLIGATION ON HIS PART TO BE A MEMBER OF A SOCIAL INSURANCE SCHEME .
3 BY A DECISION OF 17 JULY 1970 , THE COMPETENT SOCIAL SECURITY INSTITUTION , THE LANDESVERSICHERUNGSANSTALT RHEINPROVINZ , REJECTED THIS APPLICATION ON THE GROUND THAT SINCE THE PERSON CONCERNED WAS HENCEFORWARD COMPULSORILY SUBJECT TO THE GENERAL PENSION INSURANCE SCHEME OF THE NETHERLANDS , PURSUANT TO THE NETHERLANDS GENERAL LAWS ON OLD-AGE INSURANCE ( ALGEMENE OUDERDOMSWET , HEREINAFTER REFERRED TO AS ' THE AOW ' ) AND ON WIDOWS ' AND ORPHANS ' INSURANCE ( ALGEMENE WEDUWEN- EN WEZENWET , HEREINAFTER REFERRED TO AS ' THE AWW ' ), SHE COULD NOT BE CONSIDERED TO BE FREE FROM ANY MEMBERSHIP OBLIGATION WITHIN THE MEANING OF THE GERMAN LEGISLATION .
THE INSTITUTION STATED THAT , IN VIEW OF THE PROVISIONS OF COMMUNITY LAW , SUBMISSION TO THE NETHERLANDS SOCIAL SECURITY LEGISLATION WAS TO BE CONSIDERED AS A CONTINUATION OF MEMBERSHIP UNDER GERMAN LEGISLATION , SO THAT THE CONDITION LAID DOWN BY PARAGRAPH 1303 OF THE RVO WAS NOT FULFILLED .
4 AN APPLICATION BY THE PERSON CONCERNED WAS REJECTED BY THE COURT AT FIRST INSTANCE , BUT ALLOWED BY THE LANDESSOZIALGERICHT ON APPEAL , WHEREUPON THE SOCIAL SECURITY INSTITUTION APPEALED ON A POINT OF LAW TO THE BUNDESSOZIALGERICHT .
BY A JUDGMENT OF 31 JANUARY 1974 , THE BUNDESSOZIALGERICHT HELD THAT , ALTHOUGH REPAYMENT OF THE CONTRIBUTIONS WAS DUE UNDER THE NATIONAL LEGISLATION FOLLOWING THE CESSATION OF ANY RELATIONSHIP BETWEEN THE PERSON CONCERNED AND A GERMAN SOCIAL SECURITY INSTITUTION , NONE THE LESS IT HAD TO BE CONSIDERED WHETHER THE OPERATION OF SUCH LEGISLATION WAS NOT MODIFIED BY THE EFFECT OF THE PROVISIONS OF COMMUNITY LAW IN THE EVENT OF THE PERSON CONCERNED BEING SUBJECT TO A SOCIAL SECURITY REQUIREMENT IN ANOTHER MEMBER STATE .
SINCE THIS POINT OF FACT HAD NOT BEEN ADEQUATELY CLARIFIED DURING THE EARLIER PROCEEDINGS , THE BUNDESSOZIALGERICHT QUASHED THE DECISION ON APPEAL AND REMITTED THE CASE TO THE LANDESSOZIALGERICHT .
ON THE BASIS OF INFORMATION PROVIDED BY THE COMPETENT NETHERLANDS INSTITUTION , NAMELY THE SOZIALE VERZEKERINGSBANK , AMSTERDAM , THAT COURT WAS ABLE TO FIND AS A FACT THAT THE APPELLANT IN THE MAIN ACTION , WHO APPARENTLY DOES NOT PURSUE ANY ACTIVITY AS AN EMPLOYED PERSON IN THE NETHERLANDS , IS AUTOMATICALLY SUBJECT TO THE APPLICATION OF THE AOW AND THE AWW .
IN THE LIGHT OF THIS FACTUAL SITUATION , THE LANDESSOZIALGERICHT TAKES THE VIEW THAT THE ACTION DOES RAISE CERTAIN QUESTIONS RELATING , INTER ALIA , TO THE DETERMINATION OF THE MATTERS COVERED BY REGULATION NO 3 AND TO ITS RELATIONSHIP WITH REGULATION NO 1408/71 .
FIRST AND THIRD QUESTIONS ( APPLICATION OF REGULATION NO 3 TO THE REPAYMENT OF CONTRIBUTIONS , RELATIONSHIP WITH REGULATION NO 1408/71
5 IN SUBSTANCE , THE FIRST QUESTION ASKS WHETHER THE SYSTEM OF REIMBURSEMENT OF CONTRIBUTIONS WAS ALREADY INCLUDED IN THE MATTERS