.
11 ARTICLE 51 OF THE TREATY MAKES PROVISION FOR THE ESTABLISHMENT OF A SYSTEM OF SOCIAL SECURITY SECURING FOR MIGRANT WORKERS AGGREGATION , FOR THE PURPOSE OF ACQUIRING AND RETAINING THE RIGHT TO BENEFIT AND OF CALCULATING THE AMOUNT OF BENEFIT , OF ALL PERIODS TAKEN INTO ACCOUNT UNDER THE LAWS OF THE SEVERAL COUNTRIES .
12 THE OBJECTIVE OF THAT ARTICLE WOULD NOT BE ATTAINED IF THE WORKER LOST THE STATUS OF AN INSURED PERSON WITHIN THE MEANING OF THE REGULATIONS IN QUESTION SOLELY BECAUSE OF THE FACT THAT , AT THE TIME WHEN THOSE REGULATIONS WERE ADOPTED , THE NATIONAL LEGISLATION IN FORCE AT THE TIME WHEN THE WORKER WAS INSURED HAD BEEN REPLACED BY DIFFERENT LEGISLATION .
13 IT FOLLOWS THAT THE WORDS ' PRESENT OR FUTURE ' MUST NOT BE INTERPRETED IN SUCH A WAY AS TO EXCLUDE MEASURES WHICH WERE PREVIOUSLY IN FORCE BUT HAD CEASED TO BE SO WHEN THE SAID COMMUNITY REGULATIONS WERE ADOPTED .
14 ARTICLE 45 ( 3 ) OF REGULATION NO 1408/71 PROVIDES THAT ' WHERE THE LEGISLATION OF A MEMBER STATE WHICH MAKES THE GRANTING OF BENEFITS CONDITIONAL UPON A WORKER BEING SUBJECT TO ITS LEGISLATION AT THE TIME WHEN THE RISK MATERIALIZES HAS NO REQUIREMENTS AS TO THE LENGTH OF INSURANCE PERIODS EITHER FOR ENTITLEMENT TO OR CALCULATION OF BENEFITS , ANY WORKER WHO IS NO LONGER SUBJECT TO THAT LEGISLATION SHALL FOR THE PURPOSES OF THIS CHAPTER , BE DEEMED TO BE STILL SO SUBJECT AT THE TIME WHEN THE RISK MATERIALIZES , IF . . . HE . . . CAN ESTABLISH A CLAIM TO BENEFITS UNDER THE LEGISLATION OF ANOTHER MEMBER STATE ' .
15 SINCE THE APPELLANT IN THE MAIN ACTION HAS NEVER BEEN SUBJECT TO NETHERLANDS LEGISLATION OF TYPE A , TO WHICH THE ABOVMENTIONED PROVISION REFERS , THE QUESTION ARISES OF THE APPLICATION OF THE LATTER .
16 THE STRUCTURE OF THE SYSTEM OF HARMONIZATION OF NATIONAL LEGISLATION ESTABLISHED BY THE REGULATION IS BASED UPON THE PRINCIPLE THAT A WORKER MUST NOT BE DEPRIVED OF THE RIGHT TO BENEFITS MERELY BECAUSE OF AN ALTERATION IN THE TYPE OF LEGISLATION IN FORCE IN A MEMBER STATE .
17 THIS CONSIDERATION INFERS THAT THE CONCEPT OF ' LEGISLATION ' CONTAINED IN ARTICLE 45 ( 3 ) MUST BE WIDELY INTERPRETED SO AS TO REFER BOTH TO MEASURES IN FORCE AT THE TIME WHEN THE RISK MATERIALIZES AND TO MEASURES IN FORCE AT THE TIME WHEN THE WORKER WAS SUBJECT TO THE LEGISLATION .
18 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE THAT FOR THE ACQUISITION OF A RIGHT TO BENEFITS ON THE BASIS OF ARTICLE 40 OF REGULATION ( EEC ) NO 1408/71 PAYABLE BY AN INSTITUTION OF A MEMBER STATE REFERRED TO AT THE BEGINNING OF ARTICLE 45 ( 3 ) IT IS IN PRINCIPLE SUFFICIENT THAT A WORKER WHO IS SUBJECT TO THE LEGISLATION OF ANOTHER MEMBER STATE AT THE TIME WHEN THE RISK INSURED AGAINST MATERIALIZES OR ,