' ' WORKER ' ' IN THE LATTER PROVISION , REGULATION NO 1408/71 DOES NOT PURPORT TO RESTRICT THE SCOPE OF THAT PROVISION TO ACTIVE WORKERS AS OPPOSED TO INACTIVE WORKERS , THE SAME REFERENCE BEING CONTAINED IN ARTICLES 25 AND 26 IN THE SAME CHAPTER , WHICH RESPECTIVELY CONCERN ' ' UNEMPLOYED PERSONS ' ' AND ' ' PENSION CLAIMANTS ' ' .
8FOR THESE REASONS THE ANSWER TO THE FIRST QUESTION SHOULD THEREFORE BE THAT , IN THE CASE OF A PENSIONER WHO IS ENTITLED TO BENEFITS IN KIND UNDER THE LEGISLATION OF A MEMBER STATE AND WHO DOES NOT PURSUE A PROFESSIONAL OR TRADE ACTIVITY , THE RIGHT TO BE AUTHORIZED BY THE COMPETENT INSTITUTION TO GO TO ANOTHER MEMBER STATE TO RECEIVE THERE THE TREATMENT APPROPRIATE TO HIS CONDITION IS GOVERNED BY THE PROVISIONS OF ARTICLE 22 ( 1 ) ( C ) AND ( 2 ) OF REGULATION NO 1408/71 .
9AS TO THE SECOND QUESTION , IN ITS AFORESAID JUDGMENT OF 16 MARCH 1978 IN CASE 117/77 THE COURT HELD THAT , ' ' THE DUTY LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 22 ( 2 ) TO GRANT THE AUTHORIZATION REQUIRED UNDER ARTICLE 22 ( 1 ) ( C ) COVERS BOTH CASES WHERE THE TREATMENT PROVIDED IN ANOTHER MEMBER STATE IS MORE EFFECTIVE THAN THAT WHICH THE PERSON CONCERNED CAN RECEIVE IN THE MEMBER STATE WHERE HE RESIDES AND THOSE IN WHICH THE TREATMENT IN QUESTION CANNOT BE PROVIDED ON THE TERRITORY OF THE LATTER STATE ' ' .
10IN PARAGRAPH 15 OF THE DECISION IN THAT CASE IT WAS ALSO HELD THAT BENEFITS IN KIND FOR WHICH THE WORKER IS AUTHORIZED TO GO TO ANOTHER MEMBER STATE ' ' COVER ALL TREATMENT CALCULATED TO BE EFFECTIVE FOR THE SICKNESS OR DISEASE FROM WHICH THE PERSON CONCERNED SUFFERS ' ' , AND IN PARAGRAPH 16 IT WAS HELD TO FOLLOW THAT , ' ' IN THOSE CIRCUMSTANCES IT IS OF LITTLE IMPORTANCE WHETHER THE BENEFIT IN KIND WHICH THE WORKER REQUIRES CAN BE PROVIDED ON THE TERRITORY OF THE MEMBER STATE WHERE HE RESIDES SINCE THE MERE FACT THAT THAT BENEFIT CORRESPONDS TO TREATMENT MORE APPROPRIATE TO THE STATE OF HEALTH OF THE PERSON CONCERNED IS DECISIVE FOR THE PURPOSE OF ISSUING THE AUTHORIZATION REFERRED TO IN THE ABOVE-MENTIONED PARAGRAPH ( 1 ) ( C ) ' ' . IN SETTING A LIMIT TO THE COMPETENT INSTITUTION ' S POWER OF DECISION IN THIS AREA , PARAGRAPH 17 OF THE SAID DECISION IMPLICITLY ACKNOWLEDGES THAT IT IS FOR THAT INSTITUTION OBJECTIVELY TO ASSESS THE MEDICAL GROUNDS FOR GRANTING OR REFUSING THE AUTHORIZATION REQUIRED UNDER ARTICLE 22 ( 1 ) ( C ), HAVING REGARD INTER ALIA TO THE STATE OF HEALTH OF THE PERSON CONCERNED , THE SERIOUSNESS OF HIS SICKNESS OR DISEASE AND THE EFFECTIVENESS OF THE TREATMENT IN QUESTION .
11WHEN THE COMPETENT INSTITUTION , HAVING MADE USE OF SUCH POWER , ACKNOWLEDGES THAT THE TREATMENT IN QUESTION CONSTITUTES