CLASSES OF BENEFICIARIES UNDER A SCHEME OF NATIONAL RECOGNITION WHICH THESE PROVISIONS LIST?
( B)IN THE EVENT OF THE COURT OF JUSTICE GIVING A STRICT ( RESTRICTIVE ) INTERPRETATION OF ARTICLE 4 ( 4 ) OF REGULATION ( EEC ) NO 1408/71 DOES THE COURT CONSIDER THAT IN ACCORDANCE WITH THE RESTRICTION CONTAINED IN ARTICLE 3 ( 1 ) OF THE SAID REGULATION WHICH ENSHRINES THE PRINCIPLE OF EQUALITY OF TREATMENT ' SUBJECT TO THE SPECIAL PROVISIONS OF THIS REGULATION ' THERE COULD BE , EITHER IN THE AFOREMENTIONED REGULATION OR IN REGULATION ( EEC ) NO 574/72 FIXING THE PROCEDURE FOR IMPLEMENTATION , ONE OR MORE SPECIAL PROVISIONS IN THE MATTER OF THE PENSIONS IN QUESTION PREVENTING THE APPLICATION OF THE PRINCIPLE THAT ' PERSONS RESIDENT IN THE TERRITORY OF ONE OF THE MEMBER STATES TO WHOM THIS REGULATION APPLIES SHALL . . . ENJOY THE SAME BENEFITS UNDER THE LEGISLATION OF ANY MEMBER STATE AS THE NATIONALS OF THAT STATE ' ?
( C)IN THE EVENT OF THE PRINCIPLE OF NON-DISCRIMINATION CONTAINED IN THE AFOREMENTIONED ARTICLE 3 BEING HELD TO BE APPLICABLE DOES THIS MEAN THAT A NATIONALITY CLAUSE SUCH AS THAT WHICH PROVIDES ' BE OF BELGIAN NATIONALITY ' IN ARTICLE 1 ( 4 ) OF THE ROYAL DECREE OF 27 JUNE 1969 MUST BE TREATED AS NOT APPLICABLE AND CONSEQUENTLY CONSIDERED VOID AS REGARDS THE NON-BELGIAN NATIONALS OF THE VARIOUS MEMBER STATES OF THE EUROPEAN COMMUNITIES?
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8IN ORDER TO REPLY TO THE FIRST QUESTION IT IS IMPORTANT ESSENTIALLY TO EXAMINE WHETHER A BENEFIT SUCH AS REFERRED TO IN ARTICLE 1 ( 4 ) OF THE BELGIAN ROYAL DECREE OF 27 JUNE 1969 MAY BE REGARDED AS A SOCIAL SECURITY BENEFIT WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( C ) OF REGULATION NO 1408/71 AND ON THAT ACCOUNT COMES WITHIN THE SUBSTANTIVE FIELD OF APPLICATION OF THAT REGULATION DEFINED BY THE ABOVE-MENTIONED ARTICLE 4 .
9AS THE NATIONAL COURT SPECIFIES IN ITS JUDGMENT MAKING THE REFERENCE , THE PROVISIONS OF ARTICLE 4 ( 4 ) OF THE BELGIAN ROYAL DECREE OF 27 JUNE 1969 ' ' SUPPLEMENT THE BELGIAN LEGISLATION ON PENSIONS FOR EMPLOYED PERSONS ESTABLISHED AND REGULATED BY THE ROYAL DECREE NO 50 OF 24 OCTOBER 1967 ' ' .
10HOWEVER , THE FACT THAT A PROVISION OF THAT KIND DOES OR DOES NOT COME WITHIN NATIONAL SOCIAL SECURITY LEGISLATION IS NOT BY ITSELF DETERMINING FOR THE PURPOSE OF CONCLUDING THAT THE BENEFIT LAID DOWN IN THAT PROVISION IS IN THE NATURE OF A SOCIAL SECURITY BENEFIT WITHIN THE MEANING OF REGULATION NO 1408/71 .
11IN FACT , AS THE COURT STATED IN ITS JUDGMENT OF 6 JULY 1978 IN THE GILLARD CASE , CASE 9/78 , THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE FIELD OF APPLICATION OF REGULATION NO 1408/71 AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSES AND THE CONDITIONS FOR ITS GRANT .
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