THE CLAIMANT WAS RESIDENT IN ITALY DURING THE YEAR PRECEDING THE FINDING OF INVALIDITY AND SINCE THE RELEVANT ITALIAN AUTHORITIES HAVE INDICATED THAT A PERIOD OF UNEMPLOYMENT IS NOT RECOGNIZED BY ITALIAN LEGISLATION AS " ASSIMILABLE " TO A PERIOD OF INSURANCE UNLESS IT GIVES ENTITLEMENT TO UNEMPLOYMENT BENEFIT, IT HAS BEEN ALLEGED THAT THE CAISSE SHOULD NEVERTHELESS TAKE INTO ACCOUNT THE FACT THAT THE CLAIMANT WAS REGISTERED AS AN UNEMPLOYED PERSON BECAUSE FRENCH LAW DOES NOT REQUIRE THAT A PERIOD OF UNEMPLOYMENT BE ACCOMPANIED BY RECEIPT OF SUCH BENEFIT IN ORDER THAT IT MAY BE ASSIMILATED TO A PERIOD OF EMPLOYMENT .
5 CONSEQUENTLY, REGULATION NO 3 MUST BE INTERPRETED TO ASCERTAIN WHETHER A PERIOD OF UNEMPLOYMENT, SO AS TO BE ASSIMILATED TO A PERIOD OF EMPLOYMENT, MUST BE JUDGED IN THE LIGHT OF THE LEGISLATION OF THE MEMBER STATE IN WHICH IT WAS COMPLETED OR THAT OF THE MEMBER STATE IN WHICH THE INVALIDITY PENSION IS CLAIMED .
6 PURSUANT TO ARTICLE 26 ( 1 ) OF REGULATION NO 3, THE PROVISIONS OF ARTICLES 27 AND 28 OF THAT REGULATION ARE APPLICABLE BY ANALOGY TO THE CASE OF A MIGRANT WORKER CLAIMING AN INVALIDITY PENSION WHO HAS BEEN SUBJECT TO FRENCH AND ITALIAN LEGISLATION .
7 ARTICLE 27 PROVIDES THAT FOR THE ACQUISITION, MAINTENANCE OR RECOVERY OF THE RIGHT TO BENEFIT, WHERE AN INSURED PERSON HAS BEEN SUCCESSIVELY OR ALTERNATELY SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES, THE INSURANCE PERIODS AND ASSIMILATED PERIODS COMPLETED UNDER THE LEGISLATION OF EACH OF THE MEMBER STATES SHALL BE AGGREGATED IN SO FAR AS THEY DO NOT OVERLAP .
8 SINCE THAT PROVISION DOES NOT DEFINE THE CONCEPT OF " ASSIMILATED PERIODS " IT IS NECESSARY TO REFER TO ARTICLE 1 ( R ) OF THE REGULATION .
9 ARTICLE 1 ( R ) PROVIDES THAT " FOR THE PURPOSES OF THIS REGULATION ... THE TERM " ASSIMILATED PERIODS " MEANS PERIODS TREATED AS INSURANCE PERIODS OR, WHERE APPLICABLE, AS PERIODS OF EMPLOYMENT, AS DEFINED IN THE LEGISLATION UNDER WHICH THEY WERE COMPLETED, IN SO FAR AS THEY ARE REGARDED BY THE SAID LEGISLATION AS BEING EQUIVALENT TO INSURANCE PERIODS OR PERIODS OF EMPLOYMENT ".
10 THIS DOUBLE REFERENCE TO THE LEGISLATION UNDER WHICH THE PERIOD HAS BEEN COMPLETED SETS FORTH VERY CLEARLY THE PRINCIPLE THAT THE SAID REGULATION, IN SO FAR AS IT TAKES " ASSIMILATED PERIODS " INTO ACCOUNT, INTENDS NEITHER TO MODIFY NOR SUPPLEMENT NATIONAL LAW, PROVIDED THAT THE LATTER OBSERVES THE PROVISIONS OF ARTICLES 48 TO 51 OF THE TREATY .
11 IN PARTICULAR, THE PHRASE " IN SO FAR AS THEY ARE REGARDED ... AS BEING EQUIVALENT ... " SHOWS THAT THE REGULATION IS ALSO REFERRING TO THE CONDITIONS UNDER WHICH NATIONAL LAW WILL REGARD A GIVEN PERIOD AS BEING EQUIVALENT TO INSURANCE PERIODS PROPERLY SO CALLED .
12 IT IS CLEAR THEN FROM ARTICLE 1 ( R ) OF REGULATION NO 3 THAT IN ORDER TO ASCERTAIN WHETHER AND TO WHAT EXTENT A PERIOD OF