FAVOUR OF NON-MANUAL EMPLOYEES OF THE MINING INDUSTRY AND THEIR FAMILIES IS COVERED BY ANNEX B TO REGULATION NO 3, UNDER THE HEADING ' NETHERLANDS ' IN SUBPARAGRAPH ( I ), THE TEXT OF WHICH IS AS FOLLOWS : ' SICKNESS INSURANCE FOR MINEWORKERS ( BENEFITS IN CASH AND IN KIND IN THE EVENT OF SICKNESS AND MATERNITY ) '.
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THE DEFENDANT IN THE MAIN ACTION THINKS THAT THE REPLY SHOULD BE IN THE NEGATIVE . IT STATES THAT THE DUTCH TEXT OF THE ABOVE PROVISION USES, AS EQUIVALENT TO THE WORD ' WORKERS ' THE EXPRESSION ' MIJNWERKERS ' WHICH, IN CONTRAST TO THE EXPRESSION ' WERKNEMERS ', ONLY REFERS TO MANUAL WORKERS AND THUS EXCLUDES NON-MANUAL WORKERS .
EVEN SUPPOSING THAT THIS INTERPRETATION OF THE TERM ' MIJNWERKERS ' BE CORRECT, WHICH SEEMS OPEN TO DOUBT, THE ARGUMENT OF THE DEFENDANT IN THE MAIN ACTION WOULD BY NO MEANS BE CONCLUSIVE . THE HEADING ' NETHERLANDS ' IN ANNEX B TO REGULATION NO 3 MENTIONS IN SUBPARAGRAPH ( A ) SICKNESS INSURANCE IN GENERAL, AND IN SUBPARAGRAPH ( I ) SICKNESS INSURANCE FOR MINEWORKERS . THUS IF A SPECIAL SCHEME OF SICKNESS INSURANCE, AS DEFINED ABOVE, DOES NOT FALL WITHIN SUBPARAGRAPH ( I ) IT MUST FALL WITHIN SUBPARAGRAPH ( A ), WHICH APPLIES WITHOUT DISTINCTION TO ALL ' WORKERS ' ( ' TRAVAILLEURS '; ' ARBEITSKRAEFTE ' AND ' ARBEITNEHMER '; ' LAVORATORI '; ' WERKNEMERS ') WITHIN THE MEANING OF ARTICLES 48 TO 51 OF THE TREATY, EXPRESSIONS WHICH ALSO INCLUDE NON - MANUAL WORKERS .
THE HEADING ' NETHERLANDS ' IN ANNEX B TO REGULATION NO 3 THUS COVERS BOTH THE GENERAL AND THE SPECIAL SOCIAL SECURITY SCHEMES PROVIDING FOR INSURANCE AGAINST SICKNESS .
2 . THE SECOND QUESTION PUT BY THE SCHEIDSGERECHT
IN ITS SECOND QUESTION, SUBMITTED IN THE EVENT OF THE FIRST QUESTION BEING ANSWERED IN THE AFFIRMATIVE, THE SCHEIDSGERECHT REQUESTS THE COURT TO SAY WHETHER A WORKER'S SURVIVOR ' IS ENTITLED TO THE BENEFITS REFERRED TO IN ARTICLE 22 OF REGULATION NO 3 AND SPECIFIED AT THE END OF ARTICLE 22(2 ) ':
- EVEN IF HE PERMANENTLY RESIDES IN THE TERRITORY OF A MEMBER STATE OTHER THAN THAT OF THE SICKNESS INSURANCE INSTITUTION IN QUESTION;
- AND EVEN IF THE LEGISLATION APPLIED BY THAT INSTITUTION ONLY GRANTS THE SAID SURVIVOR THE RIGHT TO BE ADMITTED ' TO INSURANCE PROVIDING REIMBURSEMENT OUT OF THE SICKNESS FUND FOR THE COST OF MEDICAL TREATMENT, THE PROVISION OF MEDICINES, AND NURSING '.
( A ) AS TO THE FIRST STATE OF AFFAIRS SET OUT IN THE ABOVE QUESTION, IT APPEARS FROM THE CONTEXT OF THE DECISION TO REFER THE QUESTIONS TO THE COURT THAT THE SCHEIDSGERECHT IN FACT WISHES TO KNOW WHETHER REGULATION NO 3 FORBIDS A SOCIAL SECURITY INSTITUTION TO REFUSE TO ADMIT THE SURVIVOR OF A WORKER TO AN OPTIONAL SICKNESS INSURANCE SCHEME, BY REASON ONLY OF THE FACT THAT HE PERMANENTLY RESIDES IN A MEMBER STATE OTHER THAN THAT OF THE