IN ARTICLES 3 ( 1 ) AND 10 ( 1 ) OF REGULATION NO 1408/71 IS TO BE INTERPRETED AS MEANING NATIONAL LEGISLATION AS IT IS AFTER COMMUNITY LAW HAS BEEN INCORPORATED INTO IT, OR NATIONAL LEGISLATION AS FORMULATED, REGARDLESS OF ANY MODIFICATION OF IT BROUGHT ABOUT BY THE REGULATIONS REFERRED TO .
3 AN INTERPRETATION OF THE WORD " ACQUIRED " IN ARTICLE 10 ( 1 ) OF REGULATIONS NO 3 AND NO 1408/71 IS ALSO REQUESTED .
4 THE ORDER MAKING THE REFERENCE REVEALS THAT THE PLAINTIFF IN THE MAIN ACTION, OF GERMAN NATIONALITY AND CURRENTLY RESIDENT IN GERMANY, THOUGH FORMERLY EMPLOYED IN THE NETHERLANDS, APPLIED ON REACHING THE AGE OF 65 YEARS IN 1970 FOR THE SCHEME SET OUT IN ARTICLE 43 OF THE DUTCH GENERAL OLD-AGE LAW ( AOW ) TO BE TAKEN INTO ACCOUNT IN THE ASSESSMENT OF HER OLD-AGE PENSION UNDER DUTCH LEGISLATION .
5 THE SCHEME MENTIONED COVERS ALL PERSONS WHO HAD NOT ATTAINED THE AGE OF 65 YEARS ON 1 JANUARY 1957 AND WERE RESIDENT IN THE NETHERLANDS FOR THE SIX YEARS FOLLOWING THE COMPLETION OF THEIR FIFTY-NINTH YEAR, WITH THE PROVISO IN ARTICLE 44, HOWEVER, THAT ONLY THOSE PERSONS MIGHT BENEFIT UNDER ARTICLE 43 WHO " ( A ) POSSESS DUTCH NATIONALITY AND ( B ) RESIDE WITHIN THE KINGDOM ".
6 IT IS EVIDENT FROM THE FILE THAT THE PLAINTIFF IN THE MAIN ACTION IS, UNDER THE DUTCH LAW GOVERNING THE APPLICATION OF ARTICLE 43, ASSIMILATED WITH PERSONS WHO WERE RESIDENT IN THE NETHERLANDS FOR THE SIX YEARS FOLLOWING THEIR FIFTY-NINTH YEAR, DESPITE THE FACT THAT HER ACTUAL RESIDENCE FOR THE DETERMINING PERIOD WAS IN GERMANY .
7 IT THEREFORE FOLLOWS THAT THE ONLY POINT IN DISPUTE IS WHETHER OR NOT SHE MAY BE CONSIDERED TO HAVE FULFILLED THE CONDITION OF RESIDENCE IMPOSED BY ARTICLE 44 OF THE LAW .
8 BY REASON OF HER FORMER EMPLOYMENT IN THE NETHERLANDS, THE PLAINTIFF IS COVERED BY THE COMMUNITY REGULATIONS FOR MIGRANT WORKERS .
9 THE SCOPE OF THE ABOVEMENTIONED REGULATIONS MUST THEREFORE BE EXAMINED IN THE LIGHT OF THESE CIRCUMSTANCES .
10 ARTICLE 8 OF REGULATION NO 3, WHICH IS SUBSTANTIALLY REPEATED IN ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71, PROVIDES THAT PERSONS RESIDENT IN THE TERRITORY OF A MEMBER STATE WHO ARE COVERED BY THE REGULATION SHALL BE SUBJECT TO THE SAME OBLIGATIONS AND ENJOY THE SAME BENEFITS UNDER THE SOCIAL SECURITY LEGISLATION OF ANY MEMBER STATE AS THE NATIONALS OF THAT STATE .
11 THIS PROVISION IS DESIGNED TO ENSURE FOR WORKERS COVERED BY THE REGULATIONS EQUALITY IN THE AREA OF SOCIAL SECURITY WITHOUT DISTINCTION AS TO NATIONALITY, BY PROHIBITING ANY DISCRIMINATION IN SUCH MATTERS ARISING FROM THE NATIONAL LEGISLATION OF MEMBER STATES .
12 THAT OBJECTIVE DOES NOT NECESSARILY REQUIRE THAT DISTINCTIONS BASED ON THE PARTIES' RESIDENCE BE REMOVED, SO THAT THE ARTICLES MENTIONED CANNOT BE CONSIDERED AS AFFECTING SUCH DISTINCTIONS .
13 TO STATE THIS IS NOT TO EXCLUDE THE POSSIBILITY THAT DISTINCTIONS BASED ON