BETWEEN
TAMARA VIGIER
AND
BUNDESVERSICHERUNGSANSTALT FUR ANGESTELLTE ( FEDERAL INSURANCE OFFICE FOR CLERICAL STAFF ), BERLIN
Subject of the case
ON THE INTERPRETATION OF THE COMMUNITY RULES APPLICABLE IN THE FIELD OF SOCIAL SECURITY ,
Grounds
1 BY AN ORDER DATED 19 DECEMBER 1979 , WHICH WAS RECEIVED AT THE COURT ON 4 MARCH 1980 , THE BUNDESSOZIALGERICHT REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION , 1971 ( II ) P . 416 ).
2 THOSE QUESTIONS HAVE BEEN RAISED IN THE CONTEXT OF A DISPUTE BETWEEN THE PLAINTIFF IN THE MAIN ACTION , MRS TAMARA VIGIER , WHO WAS BORN IN GERMANY IN 1922 BUT AT PRESENT RESIDES IN FRANCE AND POSSESSES FRENCH NATIONALITY , AND THE BUNDESVERSICHERUNGSANSTALT FUR ANGESTELLTE , A GERMAN SOCIAL INSURANCE INSTITUTION , THE DEFENDANT IN THE MAIN ACTION .
3 THE PLAINTIFF IN THE MAIN ACTION LEFT GERMANY IN 1933 AT THE AGE OF 10 . SHE IS A VICTIM OF PERSECUTION WITHIN THE MEANING OF ARTICLE 1 OF THE BUNDESENTSCHADIGUNGSGESETZ ( FEDERAL COMPENSATION LAW ), AND AS SUCH RECEIVED COMPENSATION FOR LOSS OF EDUCATIONAL OPPORTUNITIES . SHE WORKS IN FRANCE AND IS AFFILIATED TO THE FRENCH SOCIAL SECURITY SCHEME .
4 ARTICLE 10 A OF THE GESETZ ZUR REGELUNG DER WIEDERGUTMACHUNG NATIONALSOZIALISTISCHEN UNRECHTS IN DER SOZIALVERSICHERUNG ( ' ' THE REPARATION LAW ' ' ) ALLOWS , SUBJECT TO CERTAIN CONDITIONS AND IN RESPECT OF CERTAIN PERIODS NOT EXTENDING BEYOND 31 DECEMBER 1955 , THE RETROACTIVE PAYMENT OF CONTRIBUTIONS BY VICTIMS OF PERSECUTION WHO HAVE COMPLETED AN INSURANCE PERIOD OF AT LEAST 60 CALENDAR MONTHS AND WHO , BY A DECISION WHICH IS FINAL OR WHICH CAN NO LONGER BE CHALLENGED , HAVE BEEN AWARDED COMPENSATION UNDER ARTICLE 116 OR ARTICLE 118 OF THE FEDERAL COMPENSATION LAW FOR LOSS OF EDUCATIONAL OPPORTUNITIES .
5 ARTICLE 1 ( 1 ) OF THE REPARATION LAW PROVIDES THAT IT APPLIES TO INSURED PERSONS WHO ARE VICTIMS OF PERSECUTION WITHIN THE MEANING OF THE FEDERAL COMPENSATION LAW AND HAVE SUFFERED PREJUDICE IN THE FIELD OF SOCIAL INSURANCE AS A RESULT OF THE PERSECUTION .
6 FROM THE ORDER MAKING THE REFERENCE FOR A PRELIMINARY RULING IT APPEARS THAT IN ORDER TO HAVE THE STATUS OF INSURED PERSON UNDER THAT PROVISION THE PERSON CONCERNED MUST HAVE PAID AT LEAST ONE CONTRIBUTION TO THE COMPETENT GERMAN INSTITUTION .
7 IN RELIANCE ON THE AFORESAID ARTICLE 10 A , MRS VIGIER APPLIED TO THE DEFENDANT IN THE MAIN ACTION IN DECEMBER 1975 FOR AUTHORIZATION TO MAKE RETROACTIVE AND VOLUNTARY PAYMENT OF CONTRIBUTIONS TO INVALIDITY AND OLD-AGE INSURANCE . THAT APPLICATION WAS DISMISSED ON THE GROUND THAT , AS SHE DID NOT HAVE THE STATUS OF INSURED PERSON , MRS VIGIER DID NOT