WHICH THE INSURED PERSON PARTICIPATED IN THE SOCIAL SECURITY SCHEME IN QUESTION . THIS SITUATION CANNOT BE DIFFERENT AS REGARDS THE TYPES OF INSURANCE IN QUESTION IN THIS CASE SINCE SURVIVORS' PENSIONS CANNOT, BY THEIR NATURE, BE AWARDED UNTIL AFTER THE CESSATION OF THE ACTIVITY CONFERRING ENTITLEMENT TO THE PENSION WHILST OLD-AGE PENSIONS ARE MEANT TO COMPENSATE FOR RETIREMENT FROM AN OCCUPATION WHICH NORMALLY TAKES PLACE AT A CERTAIN AGE .
20 THE ANSWER TO BE GIVEN TO THE NATIONAL COURTS MUST THEREFORE BE THAT A PERSON INSURED UNDER A VOLUNTARY INSURANCE SCHEME SUCH AS THAT ESTABLISHED BY THE BELGIAN LAW OF 17 JULY 1963 WHO, DURING THE PERIOD IN WHICH HE PARTICIPATED IN THAT INSURANCE SCHEME, PURSUED AN ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON IS TO BE REGARDED AS A "WORKER", AND THE SURVIVOR OF SUCH A PERSON AS THE SURVIVOR OF A WORKER FOR THE PURPOSES OF REGULATION NO*1408/71 .
SCOPE OF APPLICATION OF THE REGULATION AND THE CONCEPT OF "LEGISLATION OF A MEMBER STATE"
21 THE OVERSEAS SOCIAL SECURITY OFFICE AND THE BELGIAN GOVERNMENT POINT OUT THAT THE SCHEME ESTABLISHED BY THE LAW OF 17 JULY 1963 CONCERNS EXCLUSIVELY PERIODS OF ACTIVITY IN NON-MEMBER COUNTRIES AND CONTEND THAT SUCH A SCHEME CANNOT THEREFORE BE COVERED BY REGULATION NO 1408/71 AS "LEGISLATION OF A MEMBER STATE"; ACCORDING TO ITS TITLE, THAT REGULATION CONCERNS WORKERS MOVING WITHIN THE COMMUNITY AND ITS TERRITORIAL SCOPE OF APPLICATION CANNOT BE WIDER THAN THAT OF THE EEC TREATY WHOSE APPLICATION, ACCORDING TO ARTICLE 227, IS LIMITED TO THE TERRITORIES OF THE MEMBER STATES .
22 IN REPLY TO THAT ARGUMENT IT MUST BE POINTED OUT FIRST OF ALL THAT ARTICLE 1 ( J ) OF REGULATION NO 1408/71 PROVIDES THAT THE TERM "LEGISLATION" MEANS "IN RESPECT OF EACH MEMBER STATE STATUTES, REGULATIONS AND OTHER PROVISIONS AND ALL OTHER IMPLEMENTING MEASURES, PRESENT OR FUTURE, RELATING TO THE BRANCHES AND SCHEMES OF SOCIAL SECURITY COVERED BY ARTICLE 4 ( 1 ) AND ( 2 )".
23 AS THE COURT HELD IN ITS JUDGMENT OF 31 MARCH 1977 IN CASE 87/76 BOZZONE V OFFICE DE SECURITE SOCIALE D' OUTRE-MER (( 1977 )) ECR 687, THAT DEFINITION OF THE TERM "LEGISLATION" IS VERY BROAD, COVERING ALL PROVISIONS LAID DOWN BY LAW, REGULATION AND ADMINISTRATIVE ACTION BY THE MEMBER STATES, AND MUST BE UNDERSTOOD AS COVERING ALL THE NATIONAL MEASURES APPLICABLE TO THE MATTER .
24 IN THE LIGHT OF THAT CONSIDERATION AND AS THE COURT STATED IN ITS JUDGMENT OF 23 OCTOBER 1986 IN CASE 300/84 VAN ROOSMALEN V BESTUUR VAN DE BEDRIJFSVERENIGING VOOR DE GEZONDHEID, GEESTELIJKE EN MAATSCHAPPELIJKE BELANGEN (( 1986 )) ECR*3116, THE ESSENTIAL CRITERION FOR DETERMINING THE SCOPE OF THE TERM "LEGISLATION" IS NOT THE PLACE IN WHICH THE OCCUPATION WAS PURSUED BUT THE LINK WHICH EXISTS BETWEEN THE WORKER, REGARDLESS OF THE PLACE IN WHICH HE PURSUED OR IS PURSUING HIS OCCUPATION, AND THE SOCIAL SECURITY SCHEME IN A MEMBER STATE UNDER WHICH HE HAS COMPLETED PERIODS OF INSURANCE .
25 SINCE