THE EEC TREATY A QUESTION CONCERNING THE INTERPRETATION OF CERTAIN PROVISIONS OF EEC REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS WITH REFERENCE TO THE APPLICATION OF ARTICLE 1244A OF THE REICHSVERSICHERUNGSORDNUNG ( RVO ) ( GERMAN STATE INSURANCE REGULATION ).
THIS ARTICLE CONCERNS THE BENEFITS WHICH THE PENSION ORGANIZATIONS MUST PAY TO INSURED PERSONS WHO SUFFER FROM TUBERCULOSIS . THE QUESTION ASKS WHETHER ARTICLES 26 AND 27 OF REGULATION NO 3 ARE APPLICABLE BY ANALOGY TO BENEFITS SUCH AS THOSE REFERRED TO IN ARTICLE 1244A OF THE RVO .
2 THIS ARTICLE WAS INTRODUCED INTO THE RVO BY ARTICLE 31 OF THE LAW OF 23 JULY 1959 CONCERNING ASSISTANCE IN CASES OF TUBERCULOSIS . IN ORDER TO " ENCOURAGE AND ENSURE THE RECOVERY OF INVALIDS " IN ACCORDANCE WITH THE FIRST SENTENCE OF ARTICLE 1 ( 1 ), THIS LAW PROVIDED FOR MEDICAL TREATMENT, AID TO INTEGRATION INTO WORKING LIFE, ECONOMIC AID AND AID OF A PROPHYLACTIC NATURE TO BE PROVIDED BY THE SOCIAL ASSISTANCE ORGANIZATIONS TO ALL PERSONS SUFFERING FROM TUBERCULOSIS TO THE EXTENT TO WHICH THEY CANNOT RECEIVE THE NECESSARY ASSISTANCE BY ANY OTHER MEANS .
ON THE OTHER HAND, BY REFERRING SOLELY TO THOSE TUBERCULOSIS SUFFERERS WHO ARE INSURED WITH AND RECEIVE PENSIONS FROM PENSION INSURANCE ORGANIZATIONS AND TO THEIR SPOUSES AND CHILDREN, THE INTRODUCTION OF ARTICLE 1244A INTO THE RVO BY THE ABOVEMENTIONED ARTICLE 31 COMPELLED THE PENSION INSURANCE ORGANIZATIONS TO PROVIDE SUCH PERSONS WITH, IN PARTICULAR, THE NECESSARY MEDICAL TREATMENT AND A TEMPORARY ALLOWANCE EVEN WHERE, CONTRARY TO THE GENERAL PROVISIONS OF ARTICLE 1236 OF THE RVO CONCERNING THE CONDITIONS UNDER WHICH BENEFITS ARE PAID BY THE PENSION INSURANCE ORGANIZATIONS OF WORKERS, THERE IS NO REASON TO FEAR THAT THE INVALID' S EMPLOYMENT WILL BE JEOPARDIZED OR WHERE NO CHANCE EXISTS OF MAINTAINING, IMPROVING OR RE-ESTABLISHING SUCH EMPLOYMENT BY MEANS OF THE MEASURES PROVIDED FOR .
3 THE FILE SHOWS THAT THE PLAINTIFF IN THE MAIN ACTION A GERMAN SICKNESS INSURANCE ORGANIZATION, CLAIMED UNSUCCESSFULLY FROM A GERMAN PENSION INSURANCE ORGANIZATION THE REIMBURSEMENT OF EXPENSES INCURRED AS A RESULT OF HOSPITAL TREATMENT REQUIRED BY AN ITALIAN MIGRANT WORKER' S DAUGHTER WHO HAD CONTRACTED TUBERCULOSIS .
THE CLAIM FOR REIMBURSEMENT WAS REJECTED ON THE GROUND THAT ARTICLE 1244A OF THE RVO WAS NOT APPLICABLE, SINCE THE INSURANCE PERIODS COMPLETED IN GERMANY BY THE WORKER IN QUESTION WERE INSUFFICIENT TO SATISFY THE CONDITION OF 60 MONTHS' AFFILIATION LAID DOWN THEREIN . IN ORDER TO SETTLE THE CASE BEFORE IT, THE GERMAN COURT MUST DECIDE WHETHER THE AFFILIATION PERIODS PREVIOUSLY COMPLETED BY THE WORKER IN ANOTHER MEMBER STATE MUST BE TAKEN INTO ACCOUNT IN APPLYING ARTICLE 1244A OF THE RVO .
TO THIS END, THEREFORE, THE BUNDESSOZIALGERICHT MUST CLASSIFY THE BENEFITS PROVIDED FOR BY ARTICLE 1244A OF THE RVO IN THE LIGHT OF THE CRITERIA WHICH DEFINE THE SCOPE OF REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS . WITHOUT BEING EMPOWERED TO CLASSIFY THE ABOVEMENTIONED PROVISION OF THE RVO