AND SOCIAL INTEGRATION OF REFUGEES AND PERSONS DEPORTED WHO COULD NO LONGER ENJOY THEIR RIGHTS TO INSURANCE BECAUSE THE COMPETENT INSTITUTIONS NO LONGER EXISTED OR WERE SITUATED OUTSIDE THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY , THE FREMDRENTEN- UND AUSLANDSRENTENGESETZ OF 1953 ( LAW ON SUBSTITUTE PENSIONS AND PENSIONS AWARDED TO CERTAIN CATEGORIES OF PERSONS RESIDING ABROAD ) TOOK RESPONSIBILITY UNDER CERTAIN CONDITIONS FOR THE RIGHTS OF THE PARTIES CONCERNED , WHETHER OR NOT THEY WERE GERMAN NATIONALS .
UNDER THE TERMS OF THAT LAW AS AMENDED BY THE RKG OF 1960 , PAYMENT OF SUCH PENSIONS IS TO BE SUSPENDED IF THE PERSON ENTITLED THERETO IS HABITUALLY RESIDENT OUTSIDE THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY .
6 THE GERMAN PROVISION WHICH STATES THAT THE BENEFITS ARE NOT IN THE NATURE OF SOCIAL SECURITY IS NOT DECISIVE AS REGARDS COMMUNITY LAW .
LEGISLATION WHICH CONFERS ON THE BENEFICIARIES A LEGALLY DEFINED POSITION WHICH INVOLVES NO INDIVIDUAL AND DISCRETIONARY ASSESSMENT OF NEED OR PERSONAL CIRCUMSTANCES COMES IN PRINCIPLE WITHIN THE FIELD OF SOCIAL SECURITY WITHIN THE MEANING OF ARTICLE 51 OF THE TREATY AND OF REGULATIONS NOS 3 AND 1408/71 .
7 HOWEVER , IN THE LIGHT OF THE FACTS THAT THE COMPETENT INSURANCE INSTITUTIONS TO WHICH THE PERSONS REFERRED TO IN THE PROVISION IN QUESTION HAD BEEN AFFILIATED NO LONGER EXIST OR ARE SITUATED OUTSIDE THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY AND THAT THE PURPOSE OF THE GERMAN LEGISLATION IN QUESTION IS TO ALLEVIATE CERTAIN SITUATIONS WHICH AROSE OUT OF EVENTS CONNECTED WITH THE NATIONAL SOCIALIST REGIME AND THE SECOND WORLD WAR AND , FINALLY , THAT THE PAYMENT OF THE BENEFITS IN QUESTION TO NATIONALS IS OF A DISCRETIONARY NATURE WHERE SUCH NATIONALS ARE RESIDING ABROAD , THOSE BENEFITS ARE NOT TO BE REGARDED AS IN THE NATURE OF SOCIAL SECURITY .
THAT CONCLUSION IS , MOREOVER , CONFIRMED BY THE RESERVATION CONTAINED IN ANNEX G I A 2 OF REGULATION NO 3 AND IN ANNEX V B 1 ( B ) OF REGULATION NO 1408/71 .
8 THE ANSWER MUST THEREFORE BE THAT ARTICLE 8 OF REGULATION NO 3 AND ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71 DO NOT APPLY TO BENEFITS SUCH AS THOSE PROVIDED FOR IN PARAGRAPH 108 ( C ) OF THE REICHSKNAPPSCHAFTSGESETZ IN RESPECT OF INSURANCE PERIODS COMPLETED BEFORE 1945 OUTSIDE THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY AND OF WEST BERLIN .
Decision on costs
COSTS
9 THE COSTS INCURRED BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY , THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT