AND HAVING REGARD TO THE INSURANCE PERIODS COMPLETED IN FRANCE , LEGAL RIGHTS ANALOGOUS TO A PROPRIETARY RIGHT UNDER GERMAN CONSTITUTIONAL LAW WHICH ARE PROTECTED BY ARTICLE 14 OF THE GRUNDGESETZ ( BASIC LAW ) AND WHICH CANNOT BE TAKEN AWAY WITHOUT COMPENSATION .
IN THE VIEW OF THE SOZIALGERICHT , ALTHOUGH ARTICLE 16 ( 2 ) OF REGULATION NO 109/65 HAD THE EFFECT OF DELETING ALGERIA FROM ANNEX A TO REGULATION NO 3 ' ' WITHOUT PREJUDICE TO ACCRUED RIGHTS ' ' , THAT ARTICLE WAS REPEALED BY VIRTUE OF THE FACT THAT ARTICLE 99 OF REGULATION NO 1408/71 REPEALED REGULATION NO 3 AND CONSEQUENTLY REGULATION NO 109/75 WHICH CONTAINED ONLY AMENDMENTS TO THE PROVISIONS OF REGULATION NO 3 HAS CEASED TO HAVE ANY EFFECT .
THAT IS THE SITUATION UNDERLYING THE THREE QUESTIONS WHICH HAVE BEEN REFERRED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING .
4THE BASIC REASONING OF THE NATIONAL COURT RESTS ON THE PREMISES THAT THE PERSONAL CRITERION OF THE NATIONALITY OF THE PLAINTIFF WHICH IS TO BE TAKEN INTO ACCOUNT PURSUANT TO ARTICLE 2 ( 1 ) OF REGULATION NO 1408/71 IS THAT EXISTING AT THE TIME OF THE APPLICATION FOR A PENSION AND THAT NEITHER REGULATION NO 1408/71 NOR REGULATION NO 574/72 CONTAINS ANY PROVISION ANALOGOUS TO ARTICLE 16 ( 2 ) OF REGULATION NO 109/65 PROTECTING ACCRUED RIGHTS .
IT IS THEREFORE NECESSARY TO EXAMINE FIRST WHETHER THESE PREMISES ARE IN ACCORDANCE WITH COMMUNITY LAW .
5THE ESTABLISHMENT OF THE GREATEST POSSIBLE FREEDOM OF MOVEMENT FOR MIGRANT WORKERS , WHICH IS ONE OF THE FOUNDATIONS OF THE COMMUNITY , IS THE PRIMARY AIM OF ARTICLE 51 OF THE TREATY .
IT IS IN THE LIGHT OF THAT OBJECTIVE THAT REGULATIONS IMPLEMENTING THAT ARTICLE ARE TO BE INTERPRETED .
6THE PERSONS COVERED BY REGULATION NO 1408/71 ARE DEFINED IN ARTICLE 2 OF THE REGULATION AS FOLLOWS : ' ' THIS REGULATION SHALL APPLY TO WORKERS WHO ARE OR HAVE BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE MEMBER STATES AND WHO ARE NATIONALS OF ONE OF THE MEMBER STATES . . . ' ' .
THAT PROVISION LAYS DOWN TWO CONDITIONS FOR THE APPLICATION OF THE REGULATION :
( A ) THAT A WORKER IS OR HAS BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE MEMBER STATES ; AND
( B ) THAT THE WORKER IS A NATIONAL OF ONE OF THE MEMBER STATES .
7IN ORDER TO SATISFY THE PRINCIPLE OF LEGAL CERTAINTY , ONE OF THE REQUIREMENTS OF WHICH IS THAT ANY FACTUAL SITUATION SHOULD NORMALLY , IN THE ABSENCE OF ANY CONTRARY PROVISION , BE EXAMINED IN THE LIGHT OF THE LEGAL RULES EXISTING AT THE TIME WHEN THAT SITUATION OBTAINED , THE SECOND CONDITION MUST BE INTERPRETED AS MEANING THAT THE STATUS OF BEING A NATIONAL OF ONE OF THE MEMBER STATES REFERS TO THE TIME OF THE EMPLOYMENT , OF THE PAYMENT OF THE CONTRIBUTIONS RELATING TO THE INSURANCE PERIODS AND OF THE ACQUISITION OF