MAKES NO PROVISION FOR A DISCRETIONARY ASSESSMENT OF THE PERSONAL SITUATION AND NEEDS OF THE INDIVIDUAL CONCERNED , COMES WITHIN THE SCOPE OF REGULATION NO 1408/71 AND IS NOT EXCLUDED BY VIRTUE OF THE PROVISIONS OF ARTICLE 4 ( 4 ) OF THAT REGULATION .
SECOND QUESTION
17 ARTICLE 9 ( 2 ) OF REGULATION NO 1408/71 PROVIDES THAT WHERE , UNDER THE LEGISLATION OF A MEMBER STATE , ADMISSION TO VOLUNTARY OR OPTIONAL CONTINUED INSURANCE IS CONDITIONAL UPON COMPLETION OF PERIODS OF INSURANCE , THE PERIODS OF INSURANCE OR RESIDENCE COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE SHALL BE TAKEN INTO ACCOUNT , TO THE EXTENT REQUIRED , AS IF THEY WERE COMPLETED UNDER THE LEGISLATION OF THE FIRST STATE .
18 FROM THE ORDER MAKING THE REFERENCE IT APPEARS THAT THE LEGISLATION IN QUESTION APPLIES ONLY TO INSURED PERSONS WHO ARE VICTIMS OF PERSECUTION WITHIN THE MEANING OF THE FEDERAL COMPENSATION LAW , AND TO THEIR SURVIVING RELATIONS , AND THAT IN ORDER TO HAVE THE STATUS OF INSURED PERSON IT IS NECESSARY TO HAVE PAID AT LEAST ONE CONTRIBUTION AS A WORKER TO A GERMAN SOCIAL INSURANCE INSTITUTION .
19 ACCORDING TO THE CASE-LAW OF THE COURT , IN PARTICULAR ITS JUDGMENT OF 24 APRIL 1980 IN CASE 110/79 COONAN ( 1980 ) ECR 1445 , WHERE NATIONAL LEGISLATION MAKES AFFILIATION TO A SOCIAL SECURITY SCHEME CONDITIONAL ON PRIOR AFFILIATION BY THE PERSON CONCERNED TO THE NATIONAL SOCIAL SECURITY SCHEME , REGULATION NO 1408/71 DOES NOT COMPEL MEMBER STATES TO TREAT AS EQUIVALENT INSURANCE PERIODS COMPLETED IN ANOTHER MEMBER STATE AND THOSE WHICH MUST HAVE BEEN COMPLETED PREVIOUSLY ON NATIONAL TERRITORY .
20 CONSEQUENTLY , THE REPLY TO THE SECOND QUESTION SHOULD BE THAT ARTICLE 9 ( 2 ) OF REGULATION NO 1408/71 MUST BE CONSTRUED AS MEANING THAT IT DOES NOT REQUIRE A SOCIAL INSURANCE INSTITUTION OF A MEMBER STATE TO TAKE INTO ACCOUNT PERIODS OF INSURANCE COMPLETED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE WHEN THE WORKER CONCERNED HAS NEVER PAID , IN THE FIRST MEMBER STATE , THE CONTRIBUTION REQUIRED BY LAW IN ORDER TO CREATE HIS STATUS AS AN INSURED PERSON UNDER THE LEGISLATION OF THAT MEMBER STATE .
Decision on costs
21 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE BUNDESSOZIALGERICHT BY ORDER OF 19 DECEMBER 1980 , HEREBY RULES :
1 . LEGISLATION , SUCH AS THE GERMAN REPARATION LAW , WHICH FORMS PART OF THE BODY OF LAW GOVERNING THE SOCIAL INSURANCE OF WORKERS IN A MEMBER STATE AND WHICH MAKES