FOR WORK CONTINUES AFTER THE END OF THAT PERIOD .
2 . IF IT CAN BE ESTABLISHED TO THE SATISFACTION OF THE PROFESSIONAL AND TRADE ASSOCIATION THAT THE PERSON REGARDED AS INSURED BECAME INCAPACITATED FOR WORK AT A DATE PRIOR TO THAT ON WHICH HE RETURNED TO THE NETHERLANDS , THAT PERSON IS ENTITLED TO INVALIDITY BENEFITS AFTER HE HAS BEEN INCAPACITATED FOR WORK FOR A CONTINUOUS PERIOD OF 52 WEEKS SINCE THAT DATE , PROVIDED THAT THE INCAPACITY FOR WORK CONTINUES AFTER THE END OF THAT PERIOD ; HOWEVER , SUCH BENEFITS SHALL IN NO CIRCUMSTANCES BE PAID BEFORE THE DATE ON WHICH THAT PERSON RETURNED TO THE NETHERLANDS . '
8 SINCE THE RAAD VAN BEROEP , UTRECHT , BEFORE WHICH THE PLAINTIFF HAD BROUGHT AN ACTION FOR THE ANNULMENT OF THE ABOVEMENTIONED DECISION , HAD SERIOUS DOUBTS AS TO THE COMPATIBILITY OF THAT RESIDENCE REQUIREMENT WITH COMMUNITY LAW , IT REFERRED , BY ORDER OF 11 DECEMBER 1984 , THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
' ( 1 ) MUST ARTICLE 52 OR 53 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY OR ANY OTHER PROVISION OF COMMUNITY LAW BE INTERPRETED IN THE SENSE THAT IT IS NECESSARY TO CONSIDER INCOMPATIBLE THEREWITH THE ADOPTION BY A MEMBER STATE OF LEGISLATION WHICH INTER ALIA OFFERS NATIONALS OF THAT STATE THE OPPORTUNITY TO INSURE THEMSELVES ON A VOLUNTARY BASIS AGAINST THE FINANCIAL CONSEQUENCES OF INCAPACITY FOR WORK ARISING IN THE COURSE OF EMPLOYMENT IN A DEVELOPING COUNTRY OUTSIDE THE TERRITORY OF THE COMMUNITY , IF SUCH LEGISLATION CONTAINS , FOR THE PURPOSE OF VERIFICATION , AN ADDITIONAL CONDITION AS REGARDS ENTITLEMENT TO BENEFITS TO THE EFFECT THAT THE PERSON CONCERNED MUST , AFTER THE MATERIALIZATION OF THE CONTINGENCY INSURED AGAINST , HAVE RESIDED OR STAYED FOR A CONTINUOUS PERIOD OF 52 WEEKS WITHIN THE TERRITORY OF THAT MEMBER STATE ALONE IN ORDER TO BE ENTITLED TO BENEFITS , RESIDENCE OR STAY WITHIN THE TERRITORY OF ANOTHER MEMBER STATE AFTER THE MATERIALIZATION OF THE CONTINGENCY INSURED AGAINST NOT BEING TREATED AS EQUIVALENT TO RESIDENCE OR STAY IN THE FIRST-NAMED MEMBER STATE?
( 2)MAY THE CRITERIA SET OUT IN ARTICLE 1 ( A ) ( II ) OF REGULATION NO 1408/71 , INCLUDING THOSE SET OUT IN ANNEX I THERETO , ALSO BE APPLIED IN ORDER TO DETERMINE WHETHER A PERSON WITHIN THE MEANING OF ARTICLE 1 ( A ) ( IV ) ' ' CARRIES OUT AN ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON ' ' UNDER A SOCIAL SECURITY SCHEME FOR RESIDENTS , OR DOES THAT PHRASE HAVE ANOTHER , INDEPENDENT MEANING AND , IF SO , WHAT?
( 3)DOES THE EXPRESSION ' ' SELF-EMPLOYED PERSON ' ' , AS DEFINED INTER ALIA IN ARTICLE 1 ( A ) ( II ) OF REGULATION NO 1408/71 , ALSO INCLUDE A PERSON WHO UNDER A SOCIAL SECURITY SCHEME FOR ALL RESIDENTS CAN DERIVE ENTITLEMENT TO BENEFITS ON THE BASIS OF INCOME FROM WORK