STATE OTHER THAN THAT OF THE INSTITUTION WHICH SERVICES THE PENSION ".
28 A MIGRANT WORKER WHO, BEFORE 19 JANUARY 1965, WAS RESIDENT WITHIN FRENCH TERRITORY, WITHIN THE MEANING OF ANNEX A TO REGULATION NO 3, IS THEREFORE ENTITLED TO ADDRESS HIS CLAIM TO THE INSTITUTIONS OF THAT MEMBER STATE .
ACCORDINGLY THE ANSWER TO THE FIFTH QUESTION MUST BE IN THE AFFIRMATIVE .
Decision on costs
30 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, INSOFAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE A NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COUR DE CASSATION OF FRANCE BY ORDER OF THAT COURT DATED 22 FEBRUARY 1973, HEREBY RULES :
1 . THE PROVISIONS OF ARTICLE 30 OF REGULATION NO 4 DO NOT APPLY TO TRANSFERS OF INVALIDITY PENSIONS .
2 . ANNEX A TO REGULATION NO 3, IN ITS FORMER WORDING, OBLIGES THE FRENCH SOCIAL SECURITY INSTITUTIONS TO HONOUR RIGHTS ACQUIRED IN ALGERIA BY A MIGRANT WORKER BEFORE 19 JANUARY 1965 .
3 . THE FACT THAT SUCH RIGHTS HAD BEEN RECOGNIZED BY AN ALGERIAN INSTITUTION BEFORE 19 JANUARY 1965 DOES NOT RELIEVE THE FRENCH INSTITUTIONS OF THEIR OBLIGATIONS, EVEN IF THE CLAIM FOR TRANSFER WAS REFERRED TO THEM ONLY AFTER THE INTRODUCTION OF REGULATION NO 109/65 .
4 . A MIGRANT WORKER WHO HAD BEEN RESIDENT WITHIN FRENCH TERRITORY, WITHIN THE MEANING OF ANNEX A TO REGULATION NO 3, BEFORE 19 JANUARY 1965 IS ENTITLED TO ADDRESS HIS CLAIM TO THE LAST FRENCH INSTITUTION TO WHICH HE HAD FORMERLY BEEN AFFILIATED .