GROUND THAT THE APPELLANT HAD REMAINED IN ITALY WITHOUT THE PRIOR AUTHORIZATION OF ITS CONSULTANT PHYSICIAN . THAT REJECTION WAS CONFIRMED ON 12 MAY 1969 ON THE FRESH GROUND THAT THE APPELLANT HAD NOT , IN HER CAPACITY AS A PERSON INSURED UNDER BELGIAN LAW , CLAIMED OR EXHAUSTED HER ENTITLEMENT TO SICKNESS INSURANCE CASH BENEFITS , AS PROVIDED FOR BY THE BELGIAN LAW OF 9 AUGUST 1963 .
3 THE JUDGMENT OF THE TRIBUNAL DU TRAVAIL REJECTING MRS CARACCIOLO ' S CLAIM WAS UPHELD ON APPEAL BY THE COUR DU TRAVAIL , BRUSSELS , ON THE GROUND THAT SHE HAD BEEN EXCLUDED FROM THE BENEFIT OF SICKNESS AND INVALIDITY INSURANCE SINCE 6 JANUARY 1966 AND WAS THEREFORE NO LONGER IN A SITUATION COVERED BY THE BELGO-ITALIAN ADMINISTRATIVE ARRANGEMENT OF 20 OCTOBER 1950 , WHICH REMAINED IN FORCE BY VIRTUE OF ARTICLE 6 ( 1 ) AND ( 2 ) OF REGULATION NO 4 AND GOVERNED THE PROCEDURE FOR DECLARING PERSONS UNFIT FOR WORK . AS A RESULT , ACCORDING TO THE COUR DU TRAVAIL , THE APPELLANT WAS SUBJECT EXCLUSIVELY TO BELGIAN LEGISLATION AT THE TIME WHEN SHE SUBMITTED HER APPLICATION FOR AN INVALIDITY PENSION TO THE ITALIAN INSTITUTION . AGAIN ACCORDING TO THE COUR DU TRAVAIL AND PURSUANT TO THE BELGIAN LEGISLATION , HER APPLICATION FOR AN INVALIDITY PENSION WAS IRREGULAR OWING TO THE FACT THAT SHE HAD NOT INFORMED HER INSURANCE INSTITUTION IN BELGIUM OF HER FRESH INCAPACITY AND , IN ANY EVENT , DID NOT QUALIFY FOR THE DISABLEMENT ALLOWANCE UNDER ARTICLE 70 ( 1 ) OF THE BELGIAN LAW IN QUESTION , WHICH ESTABLISHES THE PRINCIPLE OF TERRITORIALITY IN RELATION TO HEALTH BENEFITS .
4 IN HER APPEAL IN CASSATION , MRS CARACCIOLO CLAIMED IN PARTICULAR THAT BY VIRTUE OF ARTICLE 83 OF REGULATION NO 4 THE APPLICATION FOR AN INVALIDITY PENSION WHICH SHE SUBMITTED TO THE ITALIAN INSTITUTION AND WHICH INCLUDED A DECLARATION OF INCAPACITY WAS EQUIVALENT TO A DECLARATION MADE TO THE COMPETENT BELGIAN AUTHORITY AND THAT MOREOVER THE PRINCIPLE OF TERRITORIALITY HAD CEASED TO BE APPLICABLE BY REASON OF ITS INCOMPATIBILITY WITH THE PROVISIONS OF ARTICLE 10 ( 1 ) OF REGULATION NO 3 .
5 IN ORDER TO RESOLVE THAT PROBLEM , THE COUR DE CASSATION REFERRED TO THE COURT FOR A PRELIMINARY RULING THE FOLLOWING QUESTIONS :
' ' 1 . WHERE A WORKER IN RECEIPT OF SICKNESS AND INVALIDITY INSURANCE BENEFITS IN CASH IN A MEMBER STATE OF THE EUROPEAN COMMUNITY , WHO HAS BEEN AUTHORIZED TO STAY IN ANOTHER MEMBER STATE IN ORDER TO RECEIVE TREATMENT THERE , HAS REMAINED IN THAT OTHER STATE AFTER THE EXPIRY OF THE PRESCRIBED PERIOD AND ON CONDITIONS WHICH ARE IRREGULAR UNDER THE LEGISLATION OF THE STATE OF ORIGIN AND UNDER AN ADMINISTRATIVE ARRANGEMENT CONCLUDED BETWEEN THE TWO STATES WHICH HAS REMAINED APPLICABLE UNDER REGULATIONS NOS 3 AND 4 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS , MUST ARTICLE 83 OF REGULATION NO 4 BE INTERPRETED TO MEAN THAT THAT PROVISION DETERMINES NOT