NO 3 , CANNOT BE INTERPRETED AS EXCLUDING AN OPTION AVAILABLE UNDER A NATIONAL LEGISLATION WITH REGARD TO THE REIMBURSEMENT OF SOCIAL SECURITY CONTRIBUTIONS .
Parties
IN CASE 104/76
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE LANDESSOZIALGERICHT NORDRHEIN-WESTFALEN ( HIGHER SOCIAL COURT FOR NORTH RHINE-WESTPHALIA ) FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
GERDA JANSEN , LIVING AT BOCHOLTZ ( NETHERLANDS ),
AND
LANDESVERSICHERUNGSANSTALT RHEINPROVINZ ( REGIONAL INSURANCE OFFICE FOR THE PROVINCE OF THE RHINELAND ), HAVING ITS REGISTERED OFFICE IN DUSSELDORF ,
Subject of the case
ON THE INTERPRETATION OF REGULATION NO 3 OF THE COUNCIL OF 25 SEPTEMBER 1958 , CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS , AND OF REGULATION NO 1408/71 OF THE COUNCIL OF 14 JUNE 1971 , ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY , IN THE LIGHT OF THE PROVISIONS OF THE REICHSVERSICHERUNGS- ORDNUNG ( IMPERIAL INSURANCE REGULATION ) RELATING TO THE SCHEME FOR REIMBURSEMENT OF CONTRIBUTIONS ,
Grounds
1 BY ORDER OF 14 OCTOBER 1976 , WHICH WAS RECEIVED AT THE COURT REGISTRY ON 27 OCTOBER 1976 , THE LANDESSOZIALGERICHT NORDRHEIN-WESTFALEN ( HIGHER SOCIAL COURT FOR THE ' LAND ' OF NORTH RHINE-WESTPHALIA ) SUBMITTED FOR A PRELIMINARY RULING , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , SEVERAL QUESTIONS RELATING TO THE INTERPRETATION OF CERTAIN PROVISIONS OF THE COMMUNITY REGULATIONS CONCERNING SOCIAL SECURITY , NAMELY REGULATION NO 3 OF 25 SEPTEMBER 1958 ( JO 1958 , P . 561 ) AND REGULATION NO 1408/71 OF 14 JUNE 1971 ( OJ , ENGLISH SPECIAL EDITION 1971 ( II ), P . 416 ), WITH A VIEW TO DETERMINING THEIR EFFECT , IF ANY , ON THE REIMBURSEMENT OF SOCIAL SECURITY CONTRIBUTIONS IN THE EVENT OF THE TERMINATION OF A COMPULSORY INSURANCE RELATIONSHIP .
2 IT APPEARS FROM THE FILE ON THE CASE THAT , FOLLOWING HER MARRIAGE ON 5 MARCH 1965 , THE APPELLANT IN THE MAIN ACTION OBTAINED UNDER THE GERMAN LEGISLATION THEN IN FORCE THE REIMBURSEMENT OF THE CONTRIBUTIONS WHICH SHE HAD PREVIOUSLY PAID , AND THEREAFTER REMAINED A MEMBER OF THE GERMAN INVALIDITY AND OLD-AGE PENSION INSURANCE SCHEME FOR THE PERIOD FROM 1 APRIL 1965 TO 9 MAY 1968 .
THIS SOCIAL INSURANCE RELATIONSHIP CAME TO AN END FOLLOWING THE CESSATION OF ALL PROFESSIONAL OR TRADE ACTIVITY BY THE APPELLANT IN GERMANY AS A RESULT OF THE TRANSFER OF HER DOMICILE TO THE NETHERLANDS IN MAY 1968 . SUBSEQUENTLY , BY AN APPLICATION OF 11 MAY 1970 , THE PERSON CONCERNED CLAIMED REPAYMENT FROM THE GERMAN SOCIAL SECURITY INSTITUTION OF THE AMOUNT OF THE 27 MONTHLY CONTRIBUTIONS WHICH SHE HAD PAID DURING THE PERIOD SPECIFIED ABOVE , ON THE BASIS OF PARAGRAPH 1303 OF THE REICHSVERSICHERUNGSORDNUNG ( IMPERIAL INSURANCE REGULATION , HEREINAFTER REFERRED TO AS ' THE RVO ' ), UNDER WHICH , WITHOUT PREJUDICE TO CERTAIN OTHER CONDITIONS ATTACHING TO ITS APPLICATION WHICH ARE NOT IN DISPUTE