THE PERSON CONCERNED RETAINS THE RIGHT TO RECEIVE ' PENSIONS AND BENEFITS ACQUIRED UNDER THE LEGISLATION OF ONE OR MORE MEMBER STATES EVEN AFTER TAKING UP RESIDENCE IN ANOTHER MEMBER STATE , BUT ALSO THAT HE MAY NOT BE PREVENTED FROM ACQUIRING SUCH A RIGHT MERELY BECAUSE HE DOES NOT RESIDE IN THE TERRITORY OF THE STATE IN WHICH THE INSTITUTION RESPONSIBLE FOR PAYMENT IS SITUATED ' .
40 HOWEVER , HAVING REGARD TO THE DATE ON WHICH REGULATION NO 1390/81 , EXTENDING THE ABOVEMENTIONED PROVISION TO SELF-EMPLOYED PERSONS , CAME INTO FORCE , SUCH PERSONS , MAY UNDER ARTICLE 2 ( 1 ) OF THE SAID REGULATION , CLAIM THE BENEFIT OF ARTICLE 2 ( 4 ) ONLY FROM 1 JULY 1982 IN RESPECT OF BENEFITS ACQUIRED UNDER NATIONAL LAW .
41 THE REPLY TO THE NATIONAL COURT MUST THEREFORE BE THAT ARTICLE 2 ( 4 ) OF REGULATION NO 1390/81 APPLIES TO A REFUSAL BY A SOCIAL SECURITY INSTITUTION TO AWARD AN INVALIDITY BENEFIT ON THE GROUND THAT THE INSURED PERSON HAS NOT PREVIOUSLY STAYED OR RESIDED IN THE MEMBER STATE CONCERNED FOR A CONTINUOUS SPECIFIED PERIOD . HOWEVER , THE INSURED PERSON MAY CLAIM THE BENEFIT OF THAT PROVISION ONLY WITH EFFECT FROM 1 JULY 1982 .
Decision on costs
COSTS
42 THE COSTS INCURRED BY THE KINGDOM OF THE NETHERLANDS AND BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE PROCEEDINGS PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( SECOND CHAMBER ),
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE RAAD VAN BEROEP , UTRECHT , BY ORDER OF 11 DECEMBER 1984 , HEREBY RULES :
( 1 ) THE EXPRESSION ' SELF-EMPLOYED PERSON ' WITHIN THE MEANING OF ARTICLE 1 ( A ) ( IV ) OF REGULATION NO 1408/71 , AS AMENDED BY REGULATION NO 1390/81 , APPLIES TO PERSONS WHO ARE PURSUING OR HAVE PURSUED , OTHERWISE THAN UNDER A CONTRACT OF EMPLOYMENT OR BY WAY OF SELF-EMPLOYMENT IN A TRADE OR PROFESSION , AN OCCUPATION IN RESPECT OF WHICH THEY RECEIVE INCOME PERMITTING THEM TO MEET ALL OR SOME OF THEIR NEEDS , EVEN IF THAT INCOME IS SUPPLIED BY THIRD PARTIES BENEFITING FROM THE SERVICES OF A MISSIONARY PRIEST .
( 2)NATIONAL SOCIAL SECURITY RULES WHICH APPLY TO PERSONS WHO PURSUE OR WHO HAVE PURSUED ACTIVITIES EITHER WHOLLY OR PARTLY OUTSIDE THE COMMUNITY MUST BE REGARDED AS ' LEGISLATION ' WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 1408/71 .
( 3)ARTICLE 2 ( 4 ) OF REGULATION NO 1390/81 APPLIES TO A REFUSAL BY A SOCIAL SECURITY INSTITUTION TO AWARD AN INVALIDITY BENEFIT ON THE GROUND THAT THE INSURED PERSON HAS NOT