CONDITION SHALL NOT BE CONSIDERED SATISFIED AS LONG AS THE PERSON CONCERNED IS SUBJECT TO COMPULSORY INSURANCE AS A WORKER UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ' .
IN COMPARISON WITH REGULATION NO 3 , THAT PROVISION INTRODUCES A NEW RULE , UNDER WHICH , IN ORDER TO DECIDE THE QUESTION WHETHER FOR THE PURPOSES OF REIMBURSEMENT OF CONTRIBUTIONS A PERSON HAS CEASED TO BE SUBJECT TO COMPULSORY INSURANCE IN A PARTICULAR MEMBER STATE , HIS STATUS WITH REGARD TO THE SOCIAL SECURITY LEGISLATION OF ANY OTHER MEMBER STATE MUST BE TAKEN INTO CONSIDERATION .
SINCE IT IS A NEW PROVISION , ARTICLE 10 ( 2 ) OF REGULATION NO 1408/71 CANNOT BE EXTENDED TO FACTS WHICH OCCURRED OUTSIDE THE PERIOD COVERED BY THE REGULATION .
IN CONCLUSION , THE IMPORTANT POINT IS THAT , ALTHOUGH REGULATION NO 3 ALSO APPLIED TO THE REIMBURSEMENT OF CONTRIBUTIONS , ONLY ITS GENERAL PROVISIONS COULD HAVE ANY EFFECT ON THE CONDITIONS OF SUCH REIMBURSEMENT .
8 THEREFORE THE ANSWER TO THE QUESTIONS REFERRED TO THE COURT SHOULD BE THAT THE REIMBURSEMENT OF SOCIAL SECURITY CONTRIBUTIONS CAME WITHIN THE AMBIT OF THE GENERAL PROVISIONS OF REGULATION NO 3 , BY VIRTUE OF THE DETERMINATION UNDER ARTICLE 2 OF THE MATTERS COVERED BY THAT REGULATION .
ALTHOUGH THE SAME INTERPRETATION MUST BE GIVEN TO ARTICLE 4 OF REGULATION NO 1408/71 , THE APPLICATION OF THE SPECIFIC RULE IN ARTICLE 10 ( 2 ) MUST HOWEVER REMAIN LIMITED TO THE PERIOD COVERED BY THAT REGULATION .
SECOND QUESTION ( TAKING INTO CONSIDERATION OF A GENERALIZED INSURANCE SCHEME )
9 IN SUBSTANCE , THE SECOND QUESTION ASKS WHETHER , BEFORE REGULATION NO 1408/71 ENTERED INTO FORCE , AN INSURANCE SCHEME SUCH AS THAT WHICH EXISTS IN THE NETHERLANDS IN THE FORM OF THE AOW AND THE AWW HAD TO BE TAKEN INTO CONSIDERATION FOR THE PURPOSE OF DECIDING THE QUESTION WHETHER THE PERSON CONCERNED HAD SATISFIED THE CONDITION OF CEASING TO BE IN ANY WAY SUBJECT TO COMPULSORY SOCIAL INSURANCE , AS STIPULATED BY GERMAN LEGISLATION .
10 IT FOLLOWS FROM THE FOREGOING THAT PRIOR TO THE ENTRY INTO FORCE OF REGULATION NO 1408/71 , THAT IS , UNDER THE SYSTEM LAID DOWN BY REGULATION NO 3 , THERE WAS NO PROVISION OF COMMUNITY LAW WHICH WOULD HAVE PREVENTED REIMBURSEMENT OF CONTRIBUTIONS PURSUANT TO THE LEGISLATION OF A MEMBER STATE UNDER WHICH SUCH REIMBURSEMENT IS CONDITIONAL UPON THE CESSATION OF ANY OBLIGATION TO BE A MEMBER OF THE SOCIAL SECURITY INSTITUTION OF THAT STATE .
IT FOLLOWS THAT , PROVIDED THAT THE CONDITIONS LAID DOWN BY THE APPLICABLE NATIONAL LEGISLATION WERE SATISFIED , REGULATION NO 3 DID NOT PREVENT THE REIMBURSEMENT OF SOCIAL SECURITY CONTRIBUTIONS BY REASON OF THE FACT THAT THE PERSON CONCERNED FELL WITHIN THE AMBIT OF ANOTHER SOCIAL SECURITY SCHEME FOLLOWING THE TRANSFER OF HIS RESIDENCE TO ANOTHER MEMBER STATE .
FOURTH AND FIFTH QUESTIONS ( OBJECTIVES OF THE SOCIAL REGULATIONS OF THE COMMUNITY )
11 THE FOURTH QUESTION ASKS WHETHER THE RELEVANT