NATIONAL LEGAL SYSTEMS TO CONTINUE IN FORCE, IT SAYS SO EXPRESSLY . CONSEQUENTLY, EVEN WHEN AFFILIATION TO A SICKNESS INSURANCE SCHEME FOR A WORKER OR HIS SURVIVOR WHO IS ENTITLED TO A PENSION IS MERELY OPTIONAL, REGULATION NO 3 FORBIDS A NATIONAL INSTITUTION TO TERMINATE THIS AFFILIATION BECAUSE THE PERSON SO ENTITLED CHANGES HIS RESIDENCE TO A COUNTRY OTHER THAN THAT IN WHICH THE INSTITUTION IS SITUATED .
( B ) THE REQUEST FOR AN INTERPRETATION ALSO INQUIRES WHETHER ARTICLE 22, WHICH REFERS ONLY TO ' BENEFITS IN KIND ', APPLIES TO THE PROVISION OF MEDICAL TREATMENT, MEDICINES AND NURSING, GIVEN IN THE FORM OF REPAYMENT OF COSTS INCURRED .
CHAPTER 1 OF HEAD III OF REGULATION NO 3, ENTITLED ' SICKNESS, MATERNITY ', WHICH INCLUDES THE SAID ARTICLE 22, CONTRASTS ' BENEFITS IN KIND ' WITH ' CASH BENEFITS ' WITHOUT HOWEVER DEFINING EITHER TERM . IT IS NONETHELESS CLEAR THAT THE TERM ' BENEFITS IN KIND ' DOES NOT EXCLUDE THE POSSIBILITY THAT SUCH BENEFITS MAY COMPRISE PAYMENTS MADE BY THE DEBTOR INSTITUTION . FOR IT IS LOGICAL FOR SUCH AN INSTITUTION TO MAKE SUCH PAYMENTS IN THE CASES EXPRESSLY REFERRED TO IN ARTICLE 19(5 ) OF REGULATION NO 3 AS ' BENEFITS IN KIND ', NAMELY THE PROVISION OF ' PROSTHESES ' AND ' MAJOR APPLIANCES '. A FURTHER POINT IS THAT THE PROVISIONS OF THE SAID CHAPTER I OF HEAD III DRAW NO DISTINCTION BETWEEN MAKING THE SAID PAYMENTS DIRECTLY TO THE PERSON CONCERNED AND PAYMENT THEM TO THIRD PERSONS . FINALLY, ARTICLE 18 OF THE REGULATION ALLOWS OF THE INTERPRETATION THAT ' CASH BENEFITS ' ARE ESSENTIALLY THOSE DESIGNED TO COMPENSATE FOR A WORKER'S LOSS OF EARNINGS THROUGH ILLNESS . THUS IT IS CONCERNED WITH AN ENTIRELY DIFFERENT SITUATION FROM THE ONE UNDER CONSIDERATION .
IT FOLLOWS FROM ALL THE ABOVE FACTORS THAT ARTICLE 22 APPLIES EQUALLY WHEN BENEFITS, SUCH AS THOSE REFERRED TO BY THE SCHEIDSGERECHT, ARE GRANTED IN THE FORM OF REIMBURSEMENT OF EXPENSES INCURRED .
Decision on costs
THE COSTS INCURRED BY THE COMMISSION OF THE EEC, WHICH SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE, AND AS THESE PROCEEDINGS ARE, SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, A STEP IN THE ACTION PENDING BEFORE THE SCHEIDSGERECHT VAN HET BEAMBTENFONDS VOOR HET MIJNBEDRIJF, THE DECISION ON COSTS IS A MATTER FOR THAT TRIBUNAL .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT FOR A PRELIMINARY RULING BY THE SCHEIDSGERECHT VAN HET BEAMBTENFONDS VOOR HET MIJNBEDRIJF BY ORDER OF THAT TRIBUNAL DATED 10 DECEMBER 1965
HEREBY RULES :
1 . RULES GOVERNING SICKNESS INSURANCE FOR WORKERS AND THEIR SURVIVORS, LAID DOWN AND OPERATED BY AN INSTITUTION ESTABLISHED UNDER PRIVATE LAW, SINCE THEY ARE ' ENFORCEABLE PROVISIONS ', FALL WITHIN ' LEGISLATION ' WITHIN THE MEANING OF ARTICLES 1(B ) AND 4 OF REGULATION NO 3 WHEN THE SAID PROVISIONS SUPPLEMENT OR ARE A SUBSTITUTE FOR LAWS AND REGULATIONS ESTABLISHING A GENERAL OR SPECIAL SOCIAL SECURITY