WAGES EARNED DURING THE INSURANCE PERIODS COMPLETED UNDER THE LEGISLATION OF THE MEMBER STATE IN QUESTION , THAT IS TO SAY , IN THE PRESENT INSTANCE , THE NETHERLANDS .
8 THE CENTRALE RAAD VAN BEROEP , TO WHICH THE CASE CAME ON APPEAL , TOOK THE VIEW THAT ITS DECISION DEPENDED ON THE INTERPRETATION OF THE COMMUNITY REGULATION ; IT THEREFORE REFERRED THE FOLLOWING PRELIMINARY QUESTIONS TO THE COURT :
' ' 1 . ARE THE PROVISIONS OF ARTICLE 47 ( 1 ) OF REGULATION NO 1408/71 ALSO APPLICABLE IN CASES IN WHICH THE SECOND SENTENCE OF ARTICLE 46 ( 2 ) ( A ) OF THE REGULATION APPLIES?
2.IF SO , MUST SUBPARAGRAPH ( A ) AND/OR SUBPARAGRAPH ( B ) OF ARTICLE 47 ( 1 ) OF REGULATION NO 1408/71 , HAVING REGARD TO THEIR WORDING AND THEIR PURPOSE , BE INTERPRETED AS APPLYING TO A SCHEME RELATING TO INVALIDITY BENEFITS WHICH :
( A ) IS A RISK SCHEME ;
( B)IS NOT BASED , FOR THE CALCULATION OF THE BENEFIT , ON THE WAGES EARNED DURING ALL THE INSURANCE PERIODS COMPLETED ;
BUT
( C)IS BASED PRIMARILY - FOR THE DETERMINATION OF THE WAGES LOST - ON THE WAGE RECEIVED IN THE OCCUPATION USUALLY CARRIED ON ;
AND
( D)IN THAT CONNECTION , TAKES INTO ACCOUNT EITHER THE LAST FIXED WAGE RECEIVED BY THE PERSON CONCERNED IN THAT OCCUPATION BEFORE HE BECAME INCAPACITATED FOR WORK OR THE AVERAGE WAGE RECEIVED DURING A SPECIFIC PERIOD ( NOT MORE THAN TWO YEARS BEFORE HE BECAME INCAPACITATED FOR WORK)?
3.IF THE PREVIOUS QUESTION IS ANSWERED IN THE AFFIRMATIVE , IS THERE ANYTHING TO PREVENT A MEMBER STATE FROM PROCEEDING , FOR THE CALCULATION OF THE THEORETICAL AMOUNT OF THE INVALIDITY BENEFIT REFERRED TO IN ARTICLE 46 ( 2 ) ( A)OF REGULATION NO 1408/71 , ON THE BASIS OF THE LAST WAGE RECEIVED BY THE PERSON CONCERNED IN ANOTHER MEMBER STATE BEFORE HE BECAME INCAPACITATED FOR WORK?
' '
9 IT IS APPARENT FROM THE INFORMATION BEFORE THE COURT THAT THE PLAINTIFF IS ENTITLED TO INVALIDITY BENEFIT BY VIRTUE OF THE LAWS OF TWO MEMBER STATES , ONE OF WHICH - THE NETHERLANDS - HAS LEGISLATION OF THE TYPE REFERRED TO BY ARTICLE 37 ( 1 ) OF REGULATION NO 1408/71 . UNDER SUCH LEGISLATION ( KNOWN AS ' ' TYPE A ' ' ) THE AMOUNT OF INVALIDITY BENEFIT IS INDEPENDENT OF THE LENGTH OF THE INSURANCE PERIODS COMPLETED . THE LEGISLATION OF THE FEDERAL REPUBLIC OF GERMANY , ON THE OTHER HAND , MAKES THE ACQUISITION , MAINTENANCE OR RECOVERY OF ENTITLEMENT TO BENEFIT SUBJECT TO THE COMPLETION OF A CERTAIN NUMBER OF INSURANCE PERIODS ( ' ' TYPE B ' ' LEGISLATION ).
10 ARTICLE 40 ( 1 ) OF THE REGULATION PROVIDES AS FOLLOWS :
' ' A WORKER WHO HAS BEEN SUCCESSIVELY OR ALTERNATELY SUBJECT TO THE LEGISLATIONS OF TWO OR MORE MEMBER STATES , OF WHICH AT LEAST ONE IS NOT OF