RISKS, WHATEVER MAY BE THE FORMS OR METHODS OF APPLICATION EMPLOYED BY THE NATIONAL LEGISLATURE .
CONTRIBUTION PERIODS COMPLETED IN SUCH CONDITIONS ARE CONTRIBUTION PERIODS WITHIN THE MEANING OF REGULATION NO 3 .
5 . ANNEXES 7 AND 9 OF REGULATION NO 4 HAVE ONLY A DECLARATORY CHARACTER AND THE MENTION OR OMISSION OF A SCHEME OF SOCIAL SECURITY IN THOSE ANNEXES THEREFORE CANNOT MODIFY A LEGAL SITUATION SUCH AS THAT WHICH FOLLOWS FROM THE PROVISIONS OF REGULATION NO 3 IN CONJUNCTION WITH THE NATIONAL LEGISLATIVE SYSTEMS REFERRED TO BY THAT REGULATION .
Parties
IN CASE 19/68
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY BY THE SOZIALGERICHT ( SOCIAL COURT ), AUGSBURG, ( 6TH CHAMBER ) FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
GIOVANNI DE CICCO, CRAFTSMAN, RESIDING AT VILLA SANTA MARIA, PROVINCE OF CHIETI, ITALY,
AND
LANDESVERSICHERUNGSANSTALT SCHWABEN, AUGSBURG,
Subject of the case
ON THE INTERPRETATION OF ARTICLES 1(P ), 24, 27 ET SEQ . OF REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS,
Grounds
P . 478
BY ORDER OF 5 AUGUST 1968, WHICH REACHED THE COURT REGISTRY ON 7 AUGUST 1968, THE SOZIALGERICHT, AUGSBURG, BY VIRTUE OF ARTICLE 177 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, REFERRED TO THE COURT THE QUESTION WHETHER PERIODS OF CONTRIBUTION TO CRAFTSMEN'S INSURANCE ( SPECIAL SECTION OF THE INPS ) COMPLETED IN ITALY ARE INSURANCE PERIODS WITHIN THE MEANING OF ARTICLES 1(P ), 24, 27 ET SEQ . OF REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS .
IT IS NOT FOR THE COURT, WITHIN THE FRAMEWORK OF THIS PROCEDURE, TO ASSESS, HAVING REGARD TO THE PROVISIONS OF COMMUNITY LAW WHICH HAVE BEEN QUOTED, THE CHARACTERISTICS OF THE LEGISLATION OF ONE OF THE MEMBER STATES OF THE COMMUNITY, AS THAT TASK IS RESERVED TO THE COURT MAKING THE REFERENCE, WHOSE DUTY IT IS TO ENSURE THE APPLICATION OF COMMUNITY LAW TO THE DISPUTE OF WHICH IT IS SEISED .
HOWEVER, THE QUESTION THUS PUT RELATES IN SUBSTANCE TO THE INTERPRETATION OF CERTAIN PROVISIONS OF REGULATION NO 3 CONCERNING THE AGGREGATION OF PERIODS OF CONTRIBUTION TO A CRAFTSMEN'S INSURANCE SCHEME AND OF PERIODS COMPLETED UNDER A GENERAL SOCIAL INSURANCE SCHEME WITH A VIEW TO THE ACQUISITION OF A RIGHT TO AN INVALIDITY PENSION .
A - THE JURISDICTION OF THE COURT
THE LANDESVERSICHERUNGSANSTALT SCHWABEN, THE DEFENDANT IN THE MAIN ACTION, DISPUTES THE ADMISSIBILITY OF THE QUESTION REFERRED TO THE COURT BY REASON OF AN ALLEGED WANT OF JURISDICTION ON THE PART OF THE COURT MAKING THE REFERENCE AND THE ABSENCE OF ANY LEGAL INTEREST REQUIRING PROTECTION ON THE PART OF THE APPLICANT IN THE MAIN ACTION .
THESE OBJECTIONS CONCERN EXCLUSIVELY THE JURISDICTION OF THE COURT MAKING THE REFERENCE AND THE ADMISSIBILITY OF THE ACTION WHICH HAS BEEN COMMENCED BEFORE IT .
IT IS NOT FOR THE COURT OF JUSTICE TO APPROPRIATE TO ITSELF AN ASSESSMENT OF THESE QUESTIONS, THE