LEGISLATION WHICH DOES NOT MAKE THE AMOUNT OF THE PENSION DEPENDENT ON THE DURATION OF THE INSURANCE .
SINCE THE JUDGMENT OF THE CENTRALE RAAD VAN BEROEP, REGULATION N . 130/63/EEC OF THE COUNCIL ' AMENDING CERTAIN ANNEXES TO REGULATION N . 3 AND REGULATION N . 4 ' ( OJ OF 28 DECEMBER 1963, PP . 2996 ET SEQ .) HAS BEEN ADOPTED . THE PURPOSE OF THIS REGULATION IS TO MAKE GOOD THE DEFICIENCIES IN REGULATION N . 3 . ARTICLE 7 AMENDS ANNEX G TO THAT REGULATION RELATING TO NETHERLANDS LEGISLATION . IT PROVIDES THAT FOR THE APPLICATION OF ARTICLES 27 AND 28 OF REGULATION N . 3 THE INSTITUTIONS ' SHALL TAKE INTO ACCOUNT ' THE NEW RULES LAID DOWN FOR THE FUTURE .
REGULATION N . 130 IS TO BE APPLIED AS FROM ITS PUBLICATION . HOWEVER, ARTICLE 7 ( 2 ) PROVIDES THAT THE AMENDMENTS MADE BY THE SAID ARTICLE TO ANNEX G TO REGULATION N . 3 COME INTO EFFECT AS FROM 1 JANUARY 1959 . NEVERTHELESS THIS RETROACTIVE EFFECT CANNOT PREJUDICE IN ANY WAY THE PERSONS WHOSE ENTITLEMENT TO BENEFIT WAS ACQUIRED BEFORE THE PUBLICATION OF REGULATION N . 130 .
IT FOLLOWS FROM THE ABOVE CONSIDERATIONS THAT ARTICLE 28 ( 1 ) ( B ) ALSO APPLIES TO LEGISLATION WHICH DOES NOT MAKE THE AMOUNT OF THE BENEFIT DEPENDENT ON THE DURATION OF THE INSURANCE .
( 3 ) HAVING REGARD TO ALL THE ABOVE, ARTICLE 28 ( 1 ) ( B ) IS APPLICABLE ONLY IN SO FAR AS ITS APPLICATION SECURES FOR THE PERSONS CONCERNED BENEFITS WHICH AMOUNT TO AT LEAST AS MUCH AS THOSE WHICH THEY WOULD RECEIVE BY VIRTUE OF THE NATIONAL LEGISLATION APPLICABLE TO THEM, CONSIDERED INDEPENDENTLY OF REGULATION N . 3 .
III - THE THIRD QUESTION
THE THIRD QUESTION, WHICH IS RAISED IF THE ANSWER TO THE SECOND QUESTION IS IN THE AFFIRMATIVE, IS WHETHER, ' WHERE A WIDOW'S PENSION IS GRANTED UNDER THE AWW, THE INSURANCE PERIODS COMPLETED UNDER THE NETHERLANDS LAW ON INVALIDITY CAN...BE CONSIDERED AS INSURANCE PERIODS FOR THE APPLICATION OF ARTICLE 28 ( 1 ) ( B ) OF REGULATION N . 3 '.
UNDER THE CLEAR TERMS OF SUBPARAGRAPH ( B ) OF THE ABOVE MENTIONED ARTICLE 7 OF REGULATION N . 130, THE PERIODS IN QUESTION NOT ONLY CAN BUT MUST BE ASSIMILATED TO THE PERIODS COMPLETED UNDER THE NETHERLANDS LEGISLATION ON GENERAL INSURANCE IN FAVOUR OF WIDOWS AND ORPHANS . HOWEVER, THIS INTERPRETATION IS SUBJECT TO THE CONDITION THAT SUCH ASSIMILATION MUST NOT PREJUDICE IN ANY WAY THE PERSONS WHOSE RIGHT TO BENEFIT HAS BEEN ACQUIRED BEFORE THE PUBLICATION OF REGULATION N . 130 .
IV - THE FOURTH QUESTION
BY THIS QUESTION, THE CENTRALE RAAD VAN BEROEP REQUESTS THE COURT TO STATE WHETHER ARTICLE 28 ( 1 ) ( G ) OF REGULATION N . 3, IN USING THE WORDS ' BENEFITS ALREADY PAID ', RELATES SOLELY TO BENEFITS ALREADY PAID ' ON 1 JANUARY 1959,