SUBMITTED UNTIL 1981, THE QUESTION WHETHER IT WAS OUT OF TIME DEPENDS ON THE TIME WHEN HER INSURANCE UNDER THE OLD-AGE LAW CAME TO AN END .
9 ACCORDING TO NETHERLANDS LAW, MRS DE RIJKE CEASED TO BE INSURED UNDER THE OLD-AGE LAW FROM 2 JULY 1978, THE DATE ON WHICH SHE AND HER HUSBAND LEFT THE NETHERLANDS IN ORDER TO SETTLE IN FRANCE . HOWEVER, ANNEX VI, PART I, POINT 2 ( C ), OF REGULATION NO 1408/71 PROVIDES AS FOLLOWS :
"( C ) AS REGARDS A MARRIED WOMAN WHOSE HUSBAND IS ENTITLED TO A PENSION UNDER NETHERLANDS LEGISLATION ON GENERAL OLD-AGE INSURANCE, PERIODS OF THE MARRIAGE PRECEDING THE DATE WHEN SHE REACHED THE AGE OF 65 YEARS AND DURING WHICH SHE RESIDED IN THE TERRITORY OF ONE OR MORE MEMBER STATES SHALL ALSO BE TAKEN INTO ACCOUNT AS INSURANCE PERIODS, IN SO FAR AS THOSE PERIODS COINCIDE WITH PERIODS OF INSURANCE COMPLETED BY HER HUSBAND UNDER THAT LEGISLATION AND WITH THOSE TO BE TAKEN INTO ACCOUNT IN PURSUANCE OF SUBPARAGRAPH ( A )."
10 THE QUESTION, THEREFORE, IS WHETHER THAT PROVISION IS APPLICABLE IN THIS CASE AND, IF SO, WHETHER THE PERIODS TAKEN INTO ACCOUNT THEREUNDER AS INSURANCE PERIODS ARE INSURANCE PERIODS UNDER THE OLD-AGE LAW FOR THE PURPOSES OF ARTICLE 1 ( 2 ) OF THE ROYAL DECREE OF 22 DECEMBER 1971 .
11 ACCORDING TO THE COMMISSION, THE BOARD AND THE NETHERLANDS GOVERNMENT, THE PERIODS TAKEN INTO ACCOUNT PURSUANT TO THE AFOREMENTIONED PROVISION OF REGULATION NO 1408/71 ARE NOT TRUE PERIODS OF INSURANCE BUT CONSTITUTE A FACTOR IN THE CALCULATION OF THE PENSION . THE APPLICATION TO MAKE VOLUNTARY CONTRIBUTIONS SHOULD THEREFORE HAVE BEEN MADE NO LATER THAN ONE YEAR AFTER 2 JULY 1978 .
12 IT SHOULD BE POINTED OUT FIRST OF ALL THAT, AS THE COURT HELD IN ITS JUDGMENT OF 24 APRIL 1980 IN CASE 110/79 COONAN V INSURANCE OFFICER (( 1980 )) ECR 1445, IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME, PROVIDED ALWAYS THAT IN THIS CONNECTION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES . THE COURT HAD ALREADY RECOGNIZED THOSE POWERS OF THE NATIONAL LEGISLATURES IN ITS JUDGMENT OF 12 JULY 1979 IN CASE 266/78 BRUNORI V LANDESVERSICHERUNGSANSTALT RHEINPROVINZ (( 1979 )) ECR 2705, IN WHICH THE COURT HELD THAT THE CONDITIONS OF AFFILIATION INCLUDED THE CONDITIONS GOVERNING THE CESSATION OF AFFILIATION .
13 AS THE COURT HELD IN ITS JUDGMENTS OF 25 FEBRUARY 1986 IN CASE 254/84 DE JONG V BESTUUR VAN DE SOCIALE VERZEKERINGSBANK (( 1986 )) ECR 671, AT P . 676 AND CASE 284/84 SPRUYT V BESTUUR VAN DE SOCIALE VERZEKERINGSBANK (( 1986 )) ECR 685, AT P . 693, THE PROVISIONS OF REGULATION ( EEC ) NO 1408/71, ADOPTED TO IMPLEMENT ARTICLE 51 OF THE