THE CONCEPT OF ' WORKERS ' FOR THE PURPOSES OF REGULATION N . 3, HAS THEREFORE, LIKE THAT CONCEPT, A COMMUNITY MEANING .
EVEN IF, FOR THE SAKE OF ARGUMENT, THE EXPRESSION ' WAGE-EARNER OR ASSIMILATED WORKER ' APPEARED IN THE LEGISLATION OF EACH OF THE MEMBER STATES, IT COULD NOT POSSIBLY HAVE A COMPARABLE MEANING AND ROLE, SO THAT IT IS IMPOSSIBLE TO ESTABLISH THE MEANING BY REFERENCE TO SIMILAR EXPRESSIONS WHICH MAY APPEAR IN NATIONAL LEGISLATION .
THE CONCEPT OF ' WAGE-EARNER OR ASSIMILATED WORKER ' HAS THUS A COMMUNITY MEANING, REFERRING TO ALL THOSE WHO, AS SUCH AND UNDER WHATEVER DESCRIPTION, ARE COVERED BY THE DIFFERENT NATIONAL SYSTEMS OF SOCIAL SECURITY .
2 . THE CENTRALE RAAD REQUESTS THE COURT, IN THE SECOND PART OF ITS QUESTION, AND IN THE EVENT THAT THE EXPRESSION IN DISPUTE SHOULD BE GIVEN A COMMUNITY MEANING, TO GIVE A RULING ON WHAT THAT MEANING IS, BECAUSE A DEFINITION OF THE TERM IS NECESSARY WHEN DECIDING WHETHER THE AFOREMENTIONED ARTICLE 19 ( 1 ) PREVENTS THE NON-PAYMENT OF SICKNESS EXPENSES TO PERSONS IN A SITUATION SIMILAR TO THAT IN THIS CASE .
IT FOLLOWS BOTH FROM THE TREATY AND FROM REGULATION N . 3, THAT THE PROTECTED ' WORKER ' IS NOT EXCLUSIVELY ONE WHO IS CURRENTLY EMPLOYED .
ARTICLE 48 ( 3 ) OF THE TREATY ALSO APPLIES TO PERSONS LIKELY ' TO REMAIN IN THE TERRITORY OF A MEMBER STATE AFTER HAVING BEEN EMPLOYED IN THAT STATE ...'.
ARTICLE 4 OF REGULATION N . 3 MENTIONS WAGE-EARNERS OR ASSIMILATED WORKERS WHO ARE ' OR HAVE BEEN ' SUBJECT TO THE LEGISLATION OF ONE OR MORE OF THE MEMBER STATES .
THE TREATY AND REGULATION N . 3 THUS DID NOT INTEND TO RESTRICT PROTECTION ONLY TO THE WORKER IN EMPLOYMENT BUT TEND LOGICALLY TO PROTECT ALSO THE WORKER WHO, HAVING LEFT HIS JOB, IS CAPABLE OF TAKING ANOTHER .
WHEN NATIONAL LAW OFFERS TO INDIVIDUALS WHO HAVE BEEN DEPRIVED OF THEIR EMPLOYMENT THE OPPORTUNITY TO ADHERE VOLUNTARILY TO THE SOCIAL SECURITY SYSTEM FOR WAGE-EARNERS AND SUCH ADHERENCE HAS BEEN PROFFERED AND ACCEPTED, THIS MEASURE CAN BE CONSIDERED IN CERTAIN CIRCUMSTANCES AS INTENDING TO PROTECT THE PERSONS CONCERNED IN THEIR CAPACITY AS ' WORKERS ' WITHIN THE MEANING OF THE TREATY AND TO CONFER ON THIS PROTECTION THE SAFEGUARDS OF REGULATION N . 3 .
THIS APPLIES IF THE ABOVEMENTIONED BENEFIT IS GRANTED TO THE PERSONS CONCERNED ON THE GROUNDS THAT THEY PREVIOUSLY POSSESSED THE STATUS OF ' WORKER ' AND THAT THEY ARE CAPABLE OF RE-ACQUIRING THAT STATUS . THEREFORE, SUCH PERSONS MAY BE CONSIDERED AS ' WAGE-EARNERS OR ASSIMILATED WORKERS ' WITHIN THE MEANING OF REGULATION N . 3, THERE BEING NO PROVISION OF THIS REGULATION CONFLICTING WITH THIS INTERPRETATION .
IT IS THEREFORE FOR THE NATIONAL COURT, WHICH WHICH ALONE IS COMPETENT TO INTERPRET NATIONAL LAW, TO APPRAISE WHETHER, IN EACH INSTANCE, THE OPPORTUNITY TO BELONG TO THE SOCIAL SECURITY SYSTEM HAS BEEN GIVEN TO THE PERSON CONCERNED