DISTINCTION . THE ANSWER MUST THEREFORE BE THAT THE PROCEDURE INTRODUCED BY PARAGRAPH ( 1 ) ANNEX G/I - B TO REGULATION NO 3, AS AMENDED BY ARTICLE 6 OF REGULATION EEC NO 130/63, APPLIES TO PENSIONS AND ARREARS OF PENSION WHICH FELL DUE AS FROM 1 JANUARY 1964, EVEN IF THOSE PENSIONS ARE PAID IN RESPECT OF RISKS WHICH MATERIALIZED BEFORE THAT DATE .
THE SECOND QUESTION
10 SHOULD THE ANSWER TO THE FIRST QUESTION BE IN THE AFFIRMATIVE, THE BUNDESSOZIALGERICHT ASKS IN ADDITION WHETHER THE PENSIONS ARE TO BE REVIEWED AUTOMATICALLY OR ONLY AT THE REQUEST OF THE INDIVIDUAL CONCERNED AND WITH EFFECT FROM WHAT DATE .
11 UNDER ARTICLE 53 ( 4 ) OF REGULATION NO 3, " THE RIGHTS OF PERSONS FOR WHOM A PENSION WAS CALCULATED BEFORE THIS REGULATION CAME INTO FORCE MAY BE REVIEWED AT THEIR REQUEST ".
12 THIS PROVISION APPLIES TO CASES REFERRED TO IN ARTICLE 6 OF REGULATION NO 130/63 WHICH AMENDS ANNEX G/I - B AND GOVERNS THEREFORE THE REVIEW OF PENSIONS ARISING OUT OF THIS AMENDMENT . REGULATION NO 3 IN ITS NEW AND PREVIOUS VERSION THEREFORE PROVIDES FOR A REVIEW OF PENSIONS ONLY AT THE REQUEST OF THE PERSONS CONCERNED .
13 HOWEVER ARTICLE 53 DOES NOT PREVENT INSURED PERSONS FROM TAKING ADVANTAGE OF SOLUTIONS UNDER NATIONAL LEGISLATIVE SYSTEMS WHICH MAY BE MORE FAVOURABLE TO THEM . ON THE CONTRARY, PARAGRAPH ( 5 ) OF THAT ARTICLE SECURES, AT LEAST IN CERTAIN RESPECTS, THAT INSURED PERSONS MAY HAVE THE BENEFIT OF ANY SUCH MORE FAVOURABLE SOLUTIONS ARISING OUT OF NATIONAL LEGISLATIVE SYSTEMS . THERE IS THEREFORE NO OBJECTION TO AN AUTOMATIC REVIEW UNDER NATIONAL LAW .
14 FINALLY, IT IS APPARENT FROM ARTICLE 53 ( 4 ) AND ( 5 ) THAT A REVIEW AT THE REQUEST OF THE INSURED PERSON RELATES BACK TO 1 JANUARY 1964, PROVIDED THAT THE REQUEST HAS BEEN SUBMITTED WITHIN TWO YEARS, AND TO THE DATE OF THE REQUEST IF IT IS MADE AFTER THIS PERIOD .
15 WITH REGARD TO ANY AUTOMATIC REVIEWS WHICH MAY BE CARRIED OUT IT IS FOR THE NATIONAL LEGISLATIVE SYSTEM TO DETERMINE THE EFFECTS OF THIS MORE FAVOURABLE TREATMENT WITHOUT HOWEVER ADVERSELY AFFECTING THE RIGHTS WHICH THE INSURED PERSON DERIVES DIRECTLY FROM REGULATION NO 3 .
16 THE ANSWER TO THE SECOND QUESTION MUST THEREFORE BE THAT UNDER COMMUNITY LAW PENSIONS ARE TO BE REVIEWED AT THE REQUEST OF THE PERSON CONCERNED AND THAT THE REVIEW OPERATES RETROACTIVELY WITH EFFECT FROM 1 JANUARY 1964 OR FROM THE DATE OF THE REQUEST ACCORDING TO THE DISTINCTION MADE IN ARTICLE 53 ( 4 ) AND ( 5 ) WITHOUT PREJUDICE TO ANY NATIONAL PROVISIONS WHICH MAY BE MORE FAVOURABLE TO INSURED PERSONS .
Decision on costs
17 - 18 THE COSTS INCURRED BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND BY THE COMMISSION OF THE EEC WHICH HAVE SUBMITTED THEIR OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE AND AS THESE PROCEEDINGS ARE, IN SO FAR AS THE