CONDITIONS FOR ENTITLEMENT TO THE BENEFITS PROVIDED FOR BY THE SAID LEGISLATION .
THE PROVISION REFERRED TO READS AS FOLLOWS :
' FOR THE PURPOSE OF APPLYING ARTICLES 27 AND 28 OF THE REGULATION, THE NETHERLANDS INSTITUTIONS SHALL TAKE ACCOUNT OF THE FOLLOWING PROVISIONS :
( A )...
( B ) FOR THE PURPOSE OF ASCERTAINING THE AMOUNT OF BENEFIT PAYABLE UNDER THE NETHERLANDS LEGISLATION CONCERNING GENERAL INSURANCE FOR WIDOWS AND ORPHANS, THOSE CONTINUATION PERIODS OR PERIODS OF PAYMENT OF PREMIUMS COMPLETED BEFORE 1 OCTOBER 1959 UNDER THE NETHERLANDS LEGISLATION ON INVALIDITY, OLD-AGE AND SURVIVORS' INSURANCE ( OF WAGE-EARNERS ) SHALL BE ASSIMILATED TO INSURANCE PERIODS COMPLETED IN PURSUANCE OF THE LEGISLATION FIRST AFOREMENTIONED .
HAVING REGARD TO THE CIRCUMSTANCE THAT THE AWW, A SCHEME OF INSURANCE BASED ON THE MATERIALIZATION OF THE RISK, IS NOT CONCERNED FOR ITS APPLICATION WITH INSURANCE PERIODS ON WHICH THE RIGHT TO BENEFIT OR THE AMOUNT OF BENEFIT PAYABLE ARE BASED, THIS EXTRACT CANNOT BE INTERPRETED IN ISOLATION . IN ORDER TO INTERPRET IT, IT SHOULD BE RELATED TO ARTICLES 27 AND 28 OF REGULATION NO 3 WHICH FOR THE PURPOSE OF APPLYING IT WAS INSERTED IN ANNEX G .
THE SAID ARTICLES LIKE THE ENTIRE SYSTEM OF WHICH THEY FORM PART HAVE AS THEIR BASIS, THEIR FRAMEWORK AND THEIR BOUNDS ARTICLES 48 TO 51 OF THE TREATY, WHICH ARE AIMED AT SECURING FREEDOM OF MOVEMENT FOR WORKERS . UNDER ARTICLE 51, REGULATION NO 3 MUST ' SECURE ' FOR MIGRANT WORKERS ' AGGREGATION, FOR THE PURPOSE OF ACQUIRING AND MAINTAINING THE RIGHT TO BENEFIT AND OF CALCULATING THE AMOUNT OF BENEFIT, OF ALL PERIODS TAKEN INTO ACCOUNT UNDER THE LAWS OF THE SEVERAL COUNTRIES '.
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THE AIM OF THIS PROVISION IS TO ALLOW THE MIGRANT WORKER TO ACQUIRE THE RIGHT TO BENEFIT FOR ALL PERIODS OF WORK COMPLETED BY HIM IN VARIOUS MEMBER STATES, WITHOUT DISCRIMINATION AS AGAINST OTHER WORKERS BY REASON OF THE EXERCISE OF HIS RIGHT TO FREEDOM OF MOVEMENT . THE INTERPRETATION OF ARTICLES 27 AND 28 OF REGULATION NO 3 AND OF THE ANNEXES RELATING THERETO IS INSEPARABLE FROM THIS BASIC AIM . THESE PROVISIONS WOULD NOT GUARANTEE THE FREE MOVEMENT OF WORKERS IF, MERELY BY EXERCISING THIS FREEDOM, THEY WERE TO LOSE THEIR ENTITLEMENT TO SOCIAL SECURITY ACQUIRED IN THE COUNTRIES IN WHICH THEY HAVE WORKED .
IT IS CLEAR FROM ARTICLE 27(1 ) OF REGULATION NO 3 THAT ' WHERE AN INSURED PERSON HAS BEEN SUCCESSIVELY OR ALTERNATELY SUBJECT TO THE LEGISLATION OF TWO OR MORE MEMBER STATES, THE INSURANCE PERIODS AND ASSIMILATED PERIODS COMPLETED UNDER THE LEGISLATION OF EACH OF THE MEMBER STATES SHALL BE AGGREGATED ', ' FOR THE ACQUISITION, MAINTENANCE OR RECOVERY OF THE RIGHT TO BENEFIT '. IN THE PRESENT CASE, IT IS OF PRIME IMPORTANCE TO BEAR IN MIND THE CONCEPT OF RECOVERY OF THE RIGHT TO BENEFIT . THE COURT HAS ALREADY RULED THAT ARTICLES 27 AND 28 ARE APPLICABLE TO LEGISLATION WHICH, LIKE THE AWW, DOES NOT MAKE THE