, WHICH WAS RECEIVED AT THE REGISTRY OF THE COURT ON 18 DECEMBER 1979 , THE BUNDESSOZIALGERICHT SUBMITTED TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE TREATY TWO QUESTIONS ON THE INTERPRETATION OF ARTICLE 20 ( 1 ) AND ARTICLE 23 ( 1 ) AND ( 3 ) OF REGULATION NO 3 OF THE COUNCIL OF 25 SEPTEMBER 1958 ( JOURNAL OFFICIEL 1958 , P . 561 ).
2 THE QUESTIONS SUBMITTED BY THE BUNDESSOZIALGERICHT ARE WORDED AS FOLLOWS :
' ' 1 . DO ARTICLE 23 ( 1 ) AND ( 3 ) AND ARTICLE 20 ( 1 ) ( I ) OF REGULATION NO 3 OF THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY OF 25 SEPTEMBER 1958 ON SOCIAL SECURITY FOR MIGRANT WORKERS
IN ACCORDANCE WITH WHICH MEMBERS OF THE FAMILY OF A WAGE-EARNER WHO IS AFFILIATED TO AN INSTITUTION IN A MEMBER STATE MAY OBTAIN BENEFITS IN KIND IN THE EVENT OF ILLNESS ALTHOUGH THEY RESIDE ON THE TERRITORY OF ANOTHER MEMBER STATE AS THOUGH THE WAGE-EARNER WERE AFFILIATED TO THE INSTITUTION OF THEIR PLACE OF RESIDENCE ,
AND IN ACCORDANCE WITH WHICH THE INSTITUTION TO WHICH THE WAGE-EARNER IS AFFILIATED SHALL ALSO BE REQUIRED TO REIMBURSE TO THE INSTITUTION WHICH PROVIDED THE BENEFITS IN KIND A SUM EQUAL TO THREE-FOURTHS OF THE EXPENDITURE INCURRED IN RESPECT THEREOF ,
ALSO APPLY , HAVING REGARD TO THE JUDGMENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES OF 16 NOVEMBER 1972 IN CASE 14/72 , TO A WAGE-EARNER AFFILIATED TO THE GERMAN PENSION INSURANCE SCHEME WHO IS ENTITLED TO CLAIM FROM THE GERMAN PENSION INSURANCE INSTITUTION TUBERCULOSIS BENEFITS FOR HIS CHILD ( ARTICLE 1244A ( 1 ) OF THE REICHSVERSICHERUNGSORDNUNG ( RVO ) ( STATE INSURANCE REGULATION )) ONLY IF THE CHILD IS UNDERGOING TREATMENT WITHIN THE TERRITORY COVERED BY THE RVO ( ARTICLE 1244A ( 9 ) THEREOF)?
2 . IF THE ANSWER TO QUESTION 1 IS IN THE AFFIRMATIVE :
ARE THE TUBERCULOSIS BENEFITS RESTRICTED TO THE TERRITORY COVERED BY THE RVO ( ARTICLE 1244A ( 9 ) THEREOF ) IF THE WAGE-EARNER WHO IS COVERED BY PENSION INSURANCE IS AT THE SAME TIME AFFILIATED TO THE GERMAN COMPULSORY SICKNESS INSURANCE SCHEME AND HAS A CLAIM AGAINST THE GERMAN SICKNESS INSURANCE INSTITUTION IN RESPECT OF MEDICAL TREATMENT FOR HIS CHILD ( ARTICLE 205 OF THE RVO ) INDEPENDENTLY OF THE PLACE WHERE SUCH TREATMENT WAS PROVIDED?
' '
3 THESE QUESTIONS ARE RAISED IN THE CONTEXT OF A DISPUTE BETWEEN TWO GERMAN INSURANCE INSTITUTIONS , ONE , THE ALLGEMEINE ORTSKRANKENKASSE MITTELFRANKEN , BEING COMPETENT FOR SICKNESS INSURANCE AND THE OTHER , THE LANDESVERSICHERUNGSANSTALT OBER- UND MITTELFRANKEN , BEING COMPETENT FOR PENSION INSURANCE , ON THE QUESTION WHICH OF THEM MUST ASSUME RESPONSIBILITY FOR THE EXPENDITURE INCURRED IN THE TREATMENT FOR TUBERCULOSIS ADMINISTERED TO THE SON OF ONE OF THEIR INSURED IN AN ITALIAN HOSPITAL DURING 1964 AND 1965 .
4 THE ALLGEMEINE ORTSKRANKENKASSE MITTELFRANKEN , THE PLAINTIFF IN THE MAIN