TO INVALIDITY BENEFITS IF THE PERSON CONCERNED RESIDES IN THE TERRITORY OF ANOTHER MEMBER STATE AND AS A RESULT THE LEGISLATION CONCERNING SICKNESS ( AND MATERNITY ) BENEFITS OF THE LATTER MEMBER STATE IS APPLICABLE TO HIM?
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( A ) THE FIRST QUESTION
5 FROM THE EXPLANATIONS GIVEN BY THE PRESIDENT OF THE CENTRALE RAAD VAN BEROEP IT APPEARS THAT THAT COURT , HAVING ESTABLISHED THAT REGULATION NO 1408/71 IS APPLICABLE TO THE PERSON CONCERNED OWING TO THE FACT THAT SHE IS THE RECIPIENT OF A PENSION OR THE SPOUSE OF AN EMPLOYED WORKER , IN ASKING ITS FIRST QUESTION ESSENTIALLY WISHES TO KNOW WHETHER BENEFITS GRANTED UNDER LEGISLATION ON INVALIDITY , SUCH AS THE NETHERLANDS WAO , WHICH ARE IN THE NATURE OF MEDICAL OR SURGICAL BENEFITS , CONSTITUTE ' ' SICKNESS AND MATERNITY BENEFITS ' ' WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( A ) AND CHAPTER 1 , TITLE III , OF THAT REGULATION OR WHETHER THEY ARE IN THE NATURE OF ' ' INVALIDITY BENEFITS ' ' AS UNDER ( B ) OF ARTICLE 4 ( 1 ) AND UNDER CHAPTER 2 OF TITLE III OF THE SAME REGULATION .
6 IT IS WELL ESTABLISHED THAT THE REQUIREMENT THAT COMMUNITY LAW BE APPLIED UNIFORMLY WITHIN THE COMMUNITY IMPLIES THAT THE CONCEPTS TO WHICH THAT LAW REFERS SHOULD NOT VARY ACCORDING TO THE PARTICULAR FEATURES OF EACH SYSTEM OF NATIONAL LAW BUT REST UPON OBJECTIVE CRITERIA DEFINED IN A COMMUNITY CONTEXT . IN ACCORDANCE WITH THIS PRINCIPLE , THE CONCEPT OF ' ' SICKNESS AND MATERNITY BENEFITS ' ' APPEARING IN ARTICLE 4 ( 1 ) ( A ) OF REGULATION NO 1408/71 IS TO BE DETERMINED FOR THE PURPOSE OF APPLYING THE REGULATION NOT ACCORDING TO THE TYPE OF NATIONAL LEGISLATION CONTAINING THE PROVISIONS GIVING THOSE BENEFITS , BUT IN ACCORDANCE WITH COMMUNITY RULES WHICH DEFINE WHAT THOSE BENEFITS SHALL CONSIST OF .
7 REGULATION NO 1408/71 GOVERNS THE PROBLEMS ARISING FROM INVALIDITY BENEFITS IN TITLE III , CHAPTER 2 , WHILST SICKNESS AND MATERNITY BENEFITS ARE DEALT WITH BY PROVISIONS IN CHAPTER 1 OF THE SAME TITLE . HOWEVER , THE PROVISIONS OF TITLE III , CHAPTER 2 , COVER ' ' CASH ' ' BENEFITS ONLY AMONG THE BENEFITS GRANTED ON THE GROUND OF ' ' INVALIDITY ' ' , OMITTING BENEFITS ' ' IN KIND ' ' . PROBLEMS TO DO WITH BENEFITS IN KIND ARE DEALT WITH , ON THE OTHER HAND , BY THE PROVISIONS OF CHAPTER 1 OF THE SAME TITLE . AS CAN BE SEEN FROM ARTICLE 22 IN PARTICULAR , THOSE PROVISIONS COVERING BOTH BENEFITS IN KIND AND CASH BENEFITS INCLUDE BENEFITS IN THE NATURE OF HEALTH CARE AMONG BENEFITS IN KIND PAID UNDER ' ' SICKNESS AND MATERNITY ' ' AND THUS ALSO EXTEND TO MEDICAL OR SURGICAL BENEFITS .
8 IN THESE CIRCUMSTANCES AND IN VIEW OF THE GENERAL REFERENCE IN THE OPENING WORDS OF ARTICLE 4 ( 1 ) TO