HE CAN BE ' IDENTIFIED ' AS AN EMPLOYED PERSON .
13IN THE ABSENCE OF ANY CRITERIA BASED ON THE MANNER IN WHICH THE SCHEME IS ADMINISTERED OR FINANCED , PURSUANT TO THE FIRST INDENT OF ARTICLE 1 ( A ) ( II ), FOR THE UNITED KINGDOM SUCH IDENTIFICATION DEPENDS BY VIRTUE OF THE SECOND INDENT AND OF ANNEX V ON WHETHER THE PERSON CONCERNED WAS REQUIRED TO PAY SOCIAL SECURITY CONTRIBUTIONS AS AN EMPLOYED PERSON .
14IT IS FOR THE COMPETENT NATIONAL AUTHORITIES TO ESTABLISH WHETHER OR NOT THAT CONDITION IS FULFILLED IN A PARTICULAR CASE .
15IF A PERSON CAN BE THUS IDENTIFIED AS A ' WORKER ' WITHIN THE MEANING OF REGULATION NO 1408/71 IT FOLLOWS THAT IN ACCORDANCE WITH ARTICLE 18 ( 1 ) OF THAT REGULATION THE INSTITUTION OF A MEMBER STATE WHOSE LEGISLATION MAKES THE ACQUISITION , RETENTION OR RECOVERY OF ENTITLEMENT TO BENEFITS CONDITIONAL UPON THE COMPLETION OF INSURANCE OR EMPLOYMENT PERIODS MUST , IN SO FAR AS IS NECESSARY , TAKE INTO ACCOUNT THE INSURANCE OR EMPLOYMENT PERIODS COMPLETED UNDER THE LEGISLATION OF ANY OTHER MEMBER STATE AS THOUGH SUCH PERIODS HAD BEEN COMPLETED UNDER ITS OWN LEGISLATION .
16A REPLY TO THIS EFFECT SHOULD THEREFORE BE GIVEN TO THE QUESTIONS REFERRED TO THE COURT BY THE COUR DE CASSATION .
Decision on costs
COSTS
17THE COSTS INCURRED BY THE GOVERNMENT OF THE UNITED KINGDOM AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
18AS THESE PROCEEDINGS ARE , 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 , COSTS ARE A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE FRENCH COUR DE CASSATION BY JUDGMENT OF 3 JUNE 1977 , HEREBY RULES :
1 . A NATIONAL OF A MEMBER STATE WHO , IN ANOTHER MEMBER STATE , HAS BEEN SUBJECT TO A SOCIAL SECURITY SCHEME WHICH IS APPLICABLE TO ALL RESIDENTS CAN BENEFIT FROM THE PROVISIONS OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ONLY IF HE CAN BE IDENTIFIED AS AN EMPLOYED PERSON WITHIN THE MEANING OF ARTICLE 1 ( A ) ( II ) OF THAT REGULATION . AS REGARDS THE UNITED KINGDOM IN PARTICULAR , IN THE ABSENCE OF ANY OTHER CRITERION , SUCH IDENTIFICATION DEPENDS BY VIRTUE OF ANNEX V TO THAT REGULATION ON WHETHER HE WAS REQUIRED TO PAY SOCIAL SECURITY CONTRIBUTIONS AS AN EMPLOYED PERSON .
2 . RIGHTS ACQUIRED BY A PERSON WHO CAN BE IDENTIFIED AS A WORKER WITHIN THE MEANING OF ARTICLE 1 ( A ) ( II ) OF REGULATION NO 1408/71 DURING HIS RESIDENCE IN A MEMBER STATE MUST BE TAKEN INTO ACCOUNT BY