, UNDER GERMAN LAW , BE PAID TO THE NATIONAL INVALIDITY AND OLD-AGE INSURANCE SCHEME ).
11 ACCORDING TO THE ORDER MAKING THE REFERENCE , THE PROVISIONS OF THE REPARATION LAW GOVERN LEGAL RELATIONSHIPS WHICH ARE INDEED CONNECTED WITH THE TYPES OF BENEFIT REFERRED TO IN ARTICLE 4 ( 1 ) OF REGULATION NO 1408/71 BUT BY REASON OF THEIR SPECIAL PURPOSE ( THE COMPENSATION OF A PARTICULAR CATEGORY OF PERSONS WHO HAVE SUFFERED PERSECUTION ) IT IS NOT CERTAIN THAT THEY MUST BE COUNTED AMONGST THE PROVISIONS ADOPTED IN ORDER TO DEAL WITH THOSE TYPES OF BENEFIT .
12 THE DEFENDANT IN THE MAIN ACTION SUBMITS THAT BY VIRTUE OF THE RULES LAID DOWN THEREIN THE PROVISIONS OF THE REPARATION LAW MUST BE REGARDED AS LEGISLATION WITHIN THE MEANING OF ARTICLE 1 ( J ) OF REGULATION NO 1408/71 , SINCE THEY AMEND OR SUPPLEMENT INTER ALIA CERTAIN PROVISIONS OF THE REICHSVERSICHERUNGSORDNUNG ( INSURANCE CODE ), THE ANGESTELLTENVERSICHERUNGSGESETZ ( CLERICAL STAFF INSURANCE LAW ) AND THE REICHSKNAPPSCHAFTSGESETZ ( LAW ON INVALIDITY AND OLD-AGE INSURANCE FOR MINERS ). ACCORDING TO THE DECLARATION MADE BY THE FEDERAL REPUBLIC OF GERMANY PURSUANT TO ARTICLE 5 OF THE REGULATION THOSE LAWS COME WITHIN THE SCOPE OF THE REGULATION .
13 FURTHER , IT IS CLEAR THAT BY REASON OF ITS SUBJECT-MATTER THE REPARATION LAW CANNOT BE CLASSED AS LEGISLATION DEALING WITH SOCIAL ASSISTANCE OR WITH THE SPECIAL SCHEMES REFERRED TO IN ARTICLE 4 ( 4 ) OF THE REGULATION . THE PROVISIONS OF THE REPARATION LAW BESTOW UPON PERSONS CONCERNED - IF THEY SATISFY THE CONDITIONS LAID DOWN THEREIN - RIGHTS WHICH ARE NOT DEPENDENT ON ANY DISCRETIONARY APPRAISAL OF THEIR PERSONAL SITUATION AND NEEDS . THUS IT IS A QUESTION OF LEGAL PROVISIONS FALLING WITHIN THE SCOPE OF SOCIAL SECURITY WITHIN THE MEANING OF ARTICLE 51 OF THE TREATY AND ARTICLE 1 ( J ) OF THE REGULATION .
14 THE COURT CONSIDERS THIS VIEW TO BE CORRECT . IT IS CLEAR FROM THE PAPERS IN THE CASE THAT ALTHOUGH THE REPARATION LAW HAS THE APPEARANCE OF A LEX SPECIALIS IT DOES NOT SEEK TO ESTABLISH AN INDEPENDENT SCHEME OF COMPENSATION . THE PROVISIONS OF THE REPARATION LAW MERELY CONSTITUTE RULES SUPPLEMENTING OR ADJUSTING THE GENERAL PROVISIONS IN THE FIELD OF SOCIAL INSURANCE .
15 WHILST IT IS TRUE THAT THE REPARATION LAW IS NOT INCLUDED IN THE DECLARATION MADE BY THE FEDERAL REPUBLIC OF GERMANY PURSUANT TO ARTICLE 5 OF REGULATION NO 1408/71 ( LEGISLATION AND SCHEMES REFERRED TO IN ARTICLE 4 ( 1 ), TO WHICH THE REGULATION APPLIES ), THAT CIRCUMSTANCE IS NOT DECISIVE . THE FACT THAT A DOMESTIC LAW IS NOT MENTIONED IN THE DECLARATION MADE BY A MEMBER STATE DOES NOT MEAN THAT THAT LAW MUST BE DEEMED TO LIE OUTSIDE THE SCOPE OF THE REGULATION .
16 LEGISLATION , SUCH AS THE REPARATION LAW , WHICH FORMS PART OF THE BODY OF LAW GOVERNING THE SOCIAL INSURANCE OF WORKERS IN A MEMBER STATE AND WHICH