FOR THE FIRST TIME , EVEN THOUGH HE IS REFUSED THAT RIGHT ON THE BASIS OF NATIONAL PROVISIONS ALONE .
8 NEITHER ARTICLE 18 NOR ARTICLE 46 OF REGULATION NO 1408/71 PROVIDES THE ANSWER TO THAT QUESTION . THOSE PROVISIONS IN FACT GOVERN THE AGGREGATION OF QUALIFYING PERIODS AND THE EFFECTS THEREOF , THE FIRST AS FAR AS CONCERNS SICKNESS BENEFITS , THE SECOND AS FAR AS CONCERNS OLD-AGE AND DEATH BENEFITS , IN THE CASE OF A PERSON WHO IS OR HAS BEEN AFFILIATED AS A WORKER TO THE NATIONAL SOCIAL SECURITY SCHEME IN ONE MEMBER STATE , WHEN , ON THE OTHER HAND , HE HAS ALSO COMPLETED QUALIFYING PERIODS IN ANOTHER MEMBER STATE . THEY DO NOT GOVERN THE PRELIMINARY QUESTION OF ASCERTAINING THE CONDITIONS UNDER WHICH A NATIONAL OF A MEMBER STATE MAY OR MUST BE AFFILIATED TO THE SOCIAL SECURITY SCHEME OF ANOTHER MEMBER STATE WHERE HE IS AN EMPLOYED PERSON .
9 THAT PRELIMINARY QUESTION IS GOVERNED BY ARTICLES 1 ( A ) AND 3 OF REGULATION ( EEC ) NO 1408/71 .
10 ON THE ONE HAND , ACCORDING TO ARTICLE 1 ( A ) ' ' WORKERS ' ' MEANS :
' ' ( I ) SUBJECT TO THE RESTRICTIONS SET OUT IN ANNEX V , ANY PERSON WHO IS INSURED , COMPULSORILY OR ON AN OPTIONAL CONTINUED BASIS , FOR ONE OR MORE OF THE CONTINGENCIES COVERED BY THE BRANCHES OF A SOCIAL SECURITY SCHEME FOR EMPLOYED PERSONS ;
( II)ANY PERSON WHO IS COMPULSORILY INSURED FOR ONE OR MORE OF THE CONTINGENCIES COVERED BY THE BRANCHES OF SOCIAL SECURITY DEALT WITH IN THIS REGULATION , UNDER A SOCIAL SECURITY SCHEME FOR ALL RESIDENTS OR FOR THE WHOLE WORKING POPULATION IF SUCH PERSON :
- CAN BE IDENTIFIED AS AN EMPLOYED PERSON BY VIRTUE OF THE MANNER IN WHICH SUCH SCHEME IS ADMINISTERED OR FINANCED , OR
- FAILING SUCH CRITERIA , IS INSURED FOR SOME OTHER CONTINGENCY SPECIFIED IN ANNEX V UNDER A SCHEME FOR EMPLOYED PERSONS EITHER COMPULSORILY OR ON AN OPTIONAL CONTINUED BASIS ' ' .
11 ON THE OTHER HAND , ACCORDING TO ARTICLE 3 ( 1 ) OF THE SAID REGULATION :
' ' SUBJECT TO THE SPECIAL PROVISIONS OF THIS REGULATION , PERSONS RESIDENT IN THE TERRITORY OF ONE OF THE MEMBER STATES TO WHOM THIS REGULATION APPLIES SHALL BE SUBJECT TO THE SAME OBLIGATIONS AND ENJOY THE SAME BENEFITS UNDER THE LEGISLATION OF ANY MEMBER STATE AS THE NATIONALS OF THAT STATE ' ' .
12 THE EFFECT OF THOSE TWO PROVISIONS WHEN READ TOGETHER IS THAT IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME PROVIDED ALWAYS THAT IN THIS CONNEXION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES . THE COURT ACKNOWLEDGED IN ITS JUDGMENT