ARBEIT ( FEDERAL EMPLOYMENT BUREAU ) IN WHICH THE APPLICANT SEEKS TO ESTABLISH HIS RIGHT TO THE CONTINUANCE OF UNEMPLOYMENT BENEFITS INVOLVING AN EXCEPTIONAL EXTENSION OF THE THREE-MONTH PERIOD LAID DOWN BY ARTICLE 69 ( 2 ) OF REGULATION NO 1408/71 .
3THE FIRST OF THE TWO QUESTIONS PUT BY THE SOZIALGERICHT IS WHETHER AN EXTENSION OF THE PERIOD IN PURSUANCE OF ARTICLE 69 ( 2 ) OF REGULATION NO 1408/71 IS PERMISSIBLE WHEN THE REQUEST FOR AN EXTENSION WAS PUT FORWARD ONLY AFTER THE EXPIRATION OF THE PERIOD ; THE SECOND QUESTION IS WHETHER , IN THE EVENT OF AN AFFIRMATIVE REPLY TO THE FIRST QUESTION , THE COMPETENT EMPLOYMENT SERVICES ARE ACTING WITHIN THE LIMITS OF THEIR DISCRETION IN REFUSING TO AGREE THAT THERE IS AN EXCEPTIONAL CASE FOR EXTENSION OF THE PERIOD BECAUSE :
' ' ( A ) THERE WAS NO LIKELIHOOD OF PLACEMENT FOR THE UNEMPLOYED PERSON IN THE OTHER MEMBER STATE TO WHICH HE HAD GONE SEEKING WORK ; AND
( B ) RETURN WITHIN THE PRESCRIBED PERIOD WAS IMPOSSIBLE AS A RESULT OF SUDDEN ILLNESS ' ' .
FIRST QUESTION
4ARTICLE 69 ( 1 ) ( C ) OF REGULATION NO 1408/71 PERMITS A WORKER WHO IS WHOLLY UNEMPLOYED AND WHO SATISFIES THE CONDITIONS OF THE LEGISLATION OF A MEMBER STATE FOR ENTITLEMENT TO UNEMPLOYMENT BENEFITS TO GO TO ONE OR MORE OTHER MEMBER STATES IN ORDER TO SEEK EMPLOYMENT AND TO RETAIN HIS ENTITLEMENT TO BENEFITS DURING A MAXIMUM PERIOD OF THREE MONTHS FROM THE DATE WHEN HE CEASED TO BE AVAILABLE TO THE EMPLOYMENT SERVICES OF THE STATE WHICH HE HAS LEFT .
IN THE WORDS OF PARAGRAPH ( 2 ) OF THAT ARTICLE
' ' IF THE PERSON CONCERNED RETURNS TO THE COMPETENT STATE BEFORE THE EXPIRY OF THE PERIOD DURING WHICH HE IS ENTITLED TO BENEFITS UNDER PARAGRAPH ( 1 ) ( C ), HE SHALL CONTINUE TO BE ENTITLED TO BENEFITS UNDER THE LEGISLATION OF THAT STATE ; HE SHALL LOSE ALL ENTITLEMENT TO BENEFITS UNDER THE LEGISLATION OF THE COMPETENT STATE IF HE DOES NOT RETURN THERE BEFORE THE EXPIRY OF THAT PERIOD . IN EXCEPTIONAL CASES , THIS TIME-LIMIT MAY BE EXTENDED BY THE COMPETENT SERVICES OR INSTITUTIONS . ' '
HENCE , THE SECOND SENTENCE OF ARTICLE 69 ( 2 ) OF REGULATION NO 1408/71 PERMITS THE COMPETENT EMPLOYMENT SERVICES ' ' IN EXCEPTIONAL CASES ' ' TO EXTEND THE PERIOD OF THREE MONTHS TO WHICH CONTINUANCE OF BENEFITS REFERRED TO IN THIS PROVISION IS LIMITED .
5IN THIS RESPECT IT MUST BE OBSERVED THAT ARTICLE 69 ( 2 ) OF REGULATION NO 1408/71 DOES NOT PROVIDE THAT A REQUEST FOR EXTENSION MUST NECESSARILY BE MADE BEFORE THE EXPIRATION OF THE PERIOD .
IN FACT , AMONGST THE ' ' EXCEPTIONAL CASES ' ' CAPABLE OF JUSTIFYING AN EXTENSION OF THE PERIOD SOME MAY BE OF SUCH A NATURE THAT THEY PREVENT NOT ONLY THE RETURN OF THE UNEMPLOYED PERSON TO THE COMPETENT STATE WITHIN