IN THE CONTEXT OF PROCEEDINGS CONCERNING THE REFUSAL OF THE BUNDESANSTALT FUER ARBEIT TO GRANT MR CAMPANA, AN ITALIAN WORKER LIVING IN THE FEDERAL REPUBLIC OF GERMANY, ASSISTANCE FOR VOCATIONAL TRAINING .
3 THE REFUSAL OF THE BUNDESANSTALT FUER ARBEIT WAS BASED ON THE FACT THAT MR CAMPANA DID NOT SATISFY ONE OF THE CONDITIONS LAID DOWN IN ARTICLE 46*(1 ) OF THE ARBEITSFOERDERUNGSGESETZ ( LAW ON THE PROMOTION OF EMPLOYMENT OPPORTUNITIES, HEREINAFTER REFERRED TO AS "THE EMPLOYMENT LAW ") FOR THE GRANT OF THE ASSISTANCE IN QUESTION, NAMELY THAT IN THE LAST THREE OR FIVE YEARS PRIOR TO THE COMMENCEMENT OF HIS COURSE AT THE INSTITUTION PROVIDING THE VOCATIONAL TRAINING MR CAMPANA HAD NOT CARRIED ON AN ACTIVITY SUBJECT TO COMPULSORY CONTRIBUTIONS WITHIN THE MEANING OF THE EMPLOYMENT LAW FOR A MINIMUM OF TWO YEARS OR RECEIVED UNEMPLOYMENT BENEFIT OR BENEFITS UNDER AN UNEMPLOYMENT ASSISTANCE SCHEME .
4 AFTER HIS ACTION BEFORE THE SOZIALGERICHT ( SOCIAL COURT ) AND HIS APPEAL TO THE LANDESSOZIALGERICHT ( HIGHER SOCIAL COURT ) AGAINST THE JUDGMENT OF THAT COURT WERE DISMISSED, MR CAMPANA BROUGHT AN APPEAL ON A POINT OF LAW BEFORE THE BUNDESSOZIALGERICHT . THE BUNDESSOZIALGERICHT REFERRED THE FOLLOWING QUESTION TO THE COURT FOR A PRELIMINARY RULING :
"DOES ARTICLE 67*(1 ) OF REGULATION ( EEC ) 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, IN CONJUNCTION WITH ARTICLE 4*(1)*(G ) OF THAT REGULATION, ALSO APPLY TO BENEFITS WHICH ARE ACCORDED BY A MEMBER STATE NOT IN RESPECT OF PRESENT UNEMPLOYMENT BUT WITH A VIEW TO PREVENTING FUTURE UNEMPLOYMENT, SO THAT FOR THE PURPOSES OF VOCATIONAL TRAINING ASSISTANCE UNDER ARTICLE 46*(1 ) OF THE ARBEITSFOERDERUNGSGESETZ ( LAW ON THE PROMOTION OF EMPLOYMENT OPPORTUNITIES ) INSURANCE PERIODS COMPLETED IN OTHER MEMBER STATES ARE ALSO TO BE REGARDED AS PERIODS OF 'ACTIVITY SUBJECT TO COMPULSORY CONTRIBUTIONS' ?"
5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A MORE DETAILED ACCOUNT OF THE FACTS OF THE MAIN PROCEEDINGS, THE COURSE OF THE PROCEDURE AND THE OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
6 ACCORDING TO ARTICLE 4*(1 ) OF REGULATION NO 1408/71 THE REGULATION "SHALL APPLY TO ALL LEGISLATION CONCERNING THE FOLLOWING BRANCHES OF SOCIAL SECURITY", THE LIST OF WHICH INCLUDES, IN SUBPARAGRAPH ( G ), "UNEMPLOYMENT BENEFITS ". ARTICLE 4*(1 ) DOES NOT STATE WHETHER THE EXPRESSION "UNEMPLOYMENT BENEFITS" RELATES EXCLUSIVELY TO BENEFITS WHICH ARE ACCORDED IN RESPECT OF PRESENT UNEMPLOYMENT OR WHETHER IT ALSO COVERS BENEFITS INTENDED TO PREVENT FUTURE UNEMPLOYMENT . IT MUST ALSO BE POINTED OUT THAT BENEFITS INTENDED TO PREVENT UNEMPLOYMENT DO NOT FALL WITHIN THE SCHEMES EXPRESSLY EXCLUDED FROM THE SCOPE RATIONE MATERIAE OF REGULATION NO 1408/71 UNDER ARTICLE 4*(4 ).
7 MOREOVER, ARTICLE 67 OF REGULATION NO 1408/71, REFERRED TO BY THE BUNDESSOZIALGERICHT, WHICH LAYS DOWN THE MANNER IN WHICH