" HABITUAL " NATURE OF THE RESIDENCE, FROM WHICH IT IS APPARENT THAT IT IS SCARCELY APPROPRIATE TO TAKE INTO CONSIDERATION, FOR THE PURPOSE OF DETERMINING PERMANENT RESIDENCE, ITINERANT ACTIVITIES FOR THE PURPOSE OF CANVASSING BUSINESS WHICH ARE BY THEIR NATURE UNSTABLE .
31 ON THE OTHER HAND, THE POSSESSION OF A PERMANENT ADDRESS IN A MEMBER STATE IS, IN SUCH A CASE, TO BE REGARDED AS A STABILIZING FACTOR WHICH CAN DETERMINE PERMANENT RESIDENCE WITHIN THE MEANING OF ARTICLE 13 ( 1 ) ( C ) ( FIRST SECTION ) AND THERE IS ALL THE MORE REASON FOR SO REGARDING IT WHEN THE PERMANENT ADDRESS IS IN THE TERRITORY OF THE MEMBER STATE OF WHICH THE BUSINESS REPRESENTATIVE IS A NATIONAL AND IN WHICH HIS INTERESTS ARE CENTRED .
32 THE ANSWER TO THE QUESTION MUST THEREFORE BE THAT BY " PERMANENT RESIDENCE ", IN THE SENSE IN WHICH THIS TERM IS USED IN ARTICLE 13 ( 1 ) ( C ) ( FIRST SECTION ) AND MORE EXTENSIVELY DEFINED IN ARTICLE 1 ( H ) OF REGULATION NO 3, THERE MUST BE UNDERSTOOD, IN THE CASE OF A BUSINESS REPRESENTATIVE PURSUING THE KIND OF ACTIVITIES DESCRIBED IN THE ORDER OF REFERENCE OF A PRELIMINARY RULING, THE PLACE IN WHICH THAT WORKER HAS ESTABLISHED THE PERMANENT CENTRE OF HIS INTERESTS AND TO WHICH HE RETURNS IN THE INTERVALS BETWEEN HIS TOURS .
Decision on costs
33 THE COSTS INCURRED BY THE GOVERNMENT OF THE FRENCH REPUBLIC AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE .
34 AS THE PROCEEDINGS ARE, SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED IN THE NATURE OF A STEP IN THE ACTION BEFORE THE COUR DE CASSATION OF FRANCE IT IS FOR THAT COURT TO MAKE A DECISION AS TO COSTS .
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE " CHAMBRE SOCIALE " OF THE COUR DE CASSATION OF FRANCE BY ORDER OF THAT COURT DATED 1 FEBRUARY 1973 . HEREBY RULES :
1 . A BUSINESS REPRESENTATIVE, COVERED BY REGULATION NO 3 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS BY VIRTUE OF NATIONAL LEGISLATION, WHO FOR PART OF THE YEAR CONTINUOUSLY TOURS THE TERRITORY OF A MEMBER STATE CANVASSING BUSINESS, BUT WHOSE ACTIVITIES EXTEND INTO THE TERRITORY OF ANOTHER MEMBER STATE IN WHICH ARE SITUATED THE REGISTERED OFFICES OF THE UNDERTAKINGS WHICH HE REPRESENTS AND WITH WHICH HE RETURNS TO MAKE CONTACT OUTSIDE THE TIME SPENT IN CANVASSING BUSINESS, MUST BE REGARDED AS BEING, PRIOR TO THE ENTRY INTO FORCE OF REGULATION NO 24/64 OF 10 MARCH 1964, EMPLOYED IN THE TERRITORIES OF THE SAID TWO STATES WITHIN THE MEANING OF ARTICLE 12 OF REGULATION NO 3 .
AT THAT TIME, IN ORDER TO DETERMINE WHICH SOCIAL SECURITY LEGISLATION IS TO BE APPLIED, THE PRINCIPAL EMPLOYMENT WAS TO BE REGARDED AS THE ONE ON THE TERRITORY OF THE STATE IN WHICH THE REGISTERED OFFICES