THAT DECISION WAS CONFIRMED BY A JUDGMENT OF THE LANDESSOZIALGERICHT (( HIGHER SOCIAL COURT )) BADEN-WUERTTEMBERG DATED 20 JULY 1984 .
4 THE BUNDESSOZIALGERICHT, BEFORE WHICH AN APPEAL WAS BROUGHT, STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
"1 . DOES THE COMPETENT INSTITUTION HAVE TO ACCEPT THE FINDINGS BOTH IN LAW AND IN FACT OF THE INSTITUTION OF THE PLACE OF RESIDENCE IN RELATION TO THE COMMENCEMENT AND DURATION OF INCAPACITY FOR WORK IN ITS DECISION ON A CLAIM FOR CASH BENEFITS ( IN THIS CASE, SICKNESS BENEFIT UNDER ARTICLE 182 OF THE REICHSVERSICHERUNGSORDUNUNG (( IMPERIAL INSURANCE REGULATION ))*) IF IT DOES NOT HAVE THE WORKER EXAMINED BY A DOCTOR OF ITS OWN CHOICE PURSUANT TO ARTICLE 18 ( 5 ) OF REGULATION ( EEC ) NO 574/72?
2 . IF QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE, IS THAT ALSO THE CASE WHERE THE WORKER DOES NOT, WITHIN THREE DAYS OF COMMENCEMENT OF THE INCAPACITY FOR WORK, APPLY TO THE INSTITUTION OF THE PLACE OF RESIDENCE BY SUBMITTING A CERTIFICATE OF INCAPACITY FOR WORK ISSUED BY THE DOCTOR PROVIDING TREATMENT ( ARTICLE 18 ( 1 ) OF REGULATION ( EEC ) NO 574/72 ), AND/OR THE INSTITUTION OF THE PLACE OF RESIDENCE HAS THE WORKER MEDICALLY EXAMINED BUT FAILS TO OBSERVE THE TIME-LIMITS PRESCRIBED FOR THAT PURPOSE, AND FOR FORWARDING THE REPORT TO THE COMPETENT INSTITUTION, IN ARTICLE 18 ( 3 ) OF REGULATION ( EEC ) NO 574/72?
3(A ) MAY THE COMPETENT INSTITUTION ALSO HAVE THE WORKER EXAMINED BY A DOCTOR IN THE COUNTRY OF EMPLOYMENT PURSUANT TO ARTICLE 18 ( 5 ) OF REGULATION ( EEC ) NO 574/72?
( B ) WHEN THE WORKER IS REQUESTED TO RETURN TO HIS COUNTRY OF EMPLOYMENT IN ORDER TO BE EXAMINED BY A PARTICULAR DOCTOR THERE MUST THE REQUEST BE ACCOMPANIED BY AN ASSURANCE ON THE PART OF THE COMPETENT INSTITUTION THAT IT WILL PAY THE EXPENSES INCURRED IN CONNECTION WITH THE JOURNEY THERE AND BACK?
( C ) SHOULD THE INSURED AT THE SAME TIME BE INFORMED IN WRITING OF POSSIBLE ADVERSE LEGAL CONSEQUENCES IF HE FAILS TO COMPLY WITH THE REQUEST WITHOUT GOOD REASON?
4 . WHAT ARE THE LEGAL CONSEQUENCES IF THE WORKER DOES NOT ATTEND FOR EXAMINATION IN THE COUNTRY OF EMPLOYMENT?"
5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR THE COMMUNITY RULES AT ISSUE AND THE OBSERVATIONS SUBMITTED TO THE COURT BY THE PARTIES IN THE MAIN PROCEEDINGS, THE UNITED KINGDOM AND THE COMMISSION WHICH ARE MENTIONED AND DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
FIRST QUESTION
6 IN THE FIRST QUESTION, THE NATIONAL COURT ASKS ESSENTIALLY WHETHER ARTICLE 18 OF REGULATION NO 574/72 MUST BE INTERPRETED AS MEANING THAT THE COMPETENT INSTITUTION IS REQUIRED TO ACCEPT THE FINDINGS BOTH IN FACT AND IN LAW MADE BY THE MEDICAL OFFICER OF THE INSTITUTION OF THE PLACE OF RESIDENCE IN RELATION