AN ACTIVITY AS AN EMPLOYED PERSON IN THE TERRITORY OF THE NETHERLANDS .
17 ALTHOUGH , IN THIS CASE , SUCH PERIODS WERE NEVERTHELESS TAKEN INTO ACCOUNT IN RESPECT OF MR DE JONG , THIS IS BECAUSE , AS A RECIPIENT OF NETHERLANDS BENEFITS IN RESPECT OF HIS INCAPACITY FOR WORK , HE WAS INSURED UNDER THE OLD-AGE LAW AND , UNLIKE HIS WIFE , HE SATISFIED THE CONDITIONS OF THE ROYAL DECREE OF 20 DECEMBER 1956 . THAT DOES NOT CONSTITUTE A DIFFERENCE IN TREATMENT AMOUNTING TO DISCRIMINATION EITHER UNDER COMMUNITY LAW OR UNDER THE NATIONAL TRANSITIONAL PROVISIONS .
18 IN A CASE SUCH AS THIS , THE FACT THAT PERIODS PRIOR TO THE MARRIAGE DURING WHICH A MARRIED WOMAN DID NOT RESIDE IN THE NETHERLANDS ARE NOT TAKEN INTO ACCOUNT WHEN SHE MOVES TO ANOTHER MEMBER STATE WITH HER HUSBAND CANNOT THEREFORE BE REGARDED AS AN OBSTACLE TO THEIR FREEDOM OF MOVEMENT . MOREOVER , AS THE VERZEKERINGSBANK , THE GOVERNMENT OF THE NETHERLANDS AND THE COMMISSION HAVE STATED IN REPLY TO A QUESTION PUT BY THE COURT , VOLUNTARY INSURANCE UNDER THE OLD-AGE LAW PROVIDES A MEANS OF AVOIDING THAT CONSEQUENCE . SINCE , IN THE EVENT OF VOLUNTARY INSURANCE , THE NETHERLANDS BENEFITS PAYABLE IN RESPECT OF INCAPACITY FOR WORK , WHICH THEMSELVES GIVE RISE TO LIABILITY TO PAY CONTRIBUTIONS UNDER THE OLD-AGE LAW , ARE NOT TAKEN INTO ACCOUNT IN CALCULATING THE CONTRIBUTION TO BE PAID BY THE HUSBAND , THE RESULTING FINANCIAL BURDEN WILL BE NO GREATER THAN IT WOULD HAVE BEEN IF HIS WIFE HAD CONTINUED TO BE SUBJECT TO COMPULSORY INSURANCE IN THE NETHERLANDS .
19 THE ANSWER TO THE QUESTIONS REFERRED TO THE COURT BY THE RAAD VAN BEROEP , AMSTERDAM , SHOULD THEREFORE BE THAT NEITHER ARTICLE 51 OF THE EEC TREATY NOR THE PROVISIONS OF REGULATION NO 1408/71 , AND IN PARTICULAR POINT 2 ( C ) OF PART I OF ANNEX VI THERETO , REQUIRE THAT , WHEN THE PENSION OF A MARRIED MAN IS DETERMINED UNDER THE ALGEMENE OUDERDOMSWET ( GENERAL LAW ON OLD-AGE ), HIS WIFE , WHO AFTER 1 JANUARY 1957 COMPLETED PERIODS IN ACCORDANCE WITH POINT 2 ( C ), MUST BE GRANTED THE ADVANTAGES PROVIDED FOR BY NETHERLANDS LEGISLATION , AND IN PARTICULAR BY THE ROYAL DECREE OF 20 DECEMBER 1956 , IN RESPECT OF PERIODS PRIOR TO THEIR MARRIAGE AND PRIOR TO 1 JANUARY 1957 DURING WHICH SHE NEITHER RESIDED IN THE NETHERLANDS NOR PURSUED AN ACTIVITY AS AN EMPLOYED PERSON IN THAT COUNTRY .
Decision on costs
COSTS
20 THE COSTS INCURRED BY THE NETHERLANDS GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , A STEP IN THE PROCEEDINGS BROUGHT BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS