ARTICLE 7 OF THE EEC TREATY IS DIRECTLY APPLICABLE IN MEMBER STATES .
8UNDER THE FIRST PARAGRAPH OF ARTICLE 7 , WITHIN THE SCOPE OF APPLICATION OF THE TREATY , AND WITHOUT PREJUDICE TO ANY SPECIAL PROVISIONS CONTAINED THEREIN , ANY DISCRIMINATION ON GROUNDS OF NATIONALITY IS PROHIBITED .
9AS REGARDS WORKERS , THIS RULE HAS BEEN IMPLEMENTED BY ARTICLES 48 TO 51 OF THE EEC TREATY AND BY MEASURES OF THE COMMUNITY INSTITUTIONS ADOPTED ON THE BASIS OF THOSE ARTICLES , IN PARTICULAR , REGULATION NO 1408/71 .
10ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71 PROVIDES THAT PERSONS WHO ARE RESIDENT IN THE TERRITORY OF ONE OF THE MEMBER STATES AND TO WHOM THE REGULATION APPLIES SHALL BE SUBJECT TO THE SAME OBLIGATIONS AND ENJOY THE SAME BENEFITS UNDER THE SOCIAL SECURITY LEGISLATION OF ANY MEMBER STATE AS THE NATIONALS OF THAT STATE .
11THIS PROVISION IS DESIGNED TO ENSURE FOR WORKERS COVERED BY THE REGULATION , IN ACCORDANCE WITH ARTICLE 48 OF THE TREATY , EQUALITY IN THE AREA OF SOCIAL SECURITY WITHOUT DISTINCTION AS TO NATIONALITY , BY PROHIBITING ANY DISCRIMINATION IN SUCH MATTERS ARISING FROM THE NATIONAL LEGISLATION OF MEMBER STATES .
12IT IS THEREFORE NECESSARY TO REPLY TO THE FIRST QUESTION TO THE EFFECT THAT WITHIN THE SCOPE OF APPLICATION OF REGULATION NO 1408/71 THE FIRST PARAGRAPH OF ARTICLE 7 OF THE TREATY , AS IMPLEMENTED BY ARTICLE 48 OF THE TREATY AND ARTICLE 3 ( 1 ) OF THAT REGULATION , IS DIRECTLY APPLICABLE IN MEMBER STATES .
THE SECOND AND THIRD QUESTIONS
13THESE QUESTIONS ASK ON THE ONE HAND WHETHER THE COMPETENT INSTITUTION OF A MEMBER STATE WHICH IS REQUIRED BY EITHER ARTICLE 19 ( 1 ) ( B ) OR ARTICLE 22 ( 1 ) ( A ) ( II ) OF REGULATION NO 1408/71 TO PAY CASH BENEFITS TO A WORKER OF ANOTHER MEMBER STATE IN ACCORDANCE WITH THE LEGISLATION WHICH IT ADMINISTERS IS ENTITLED TO TREAT FACTS OCCURRING IN THE TERRITORY OF ANOTHER MEMBER STATE AS EQUIVALENT TO CORRESPONDING FACTS OCCURRING IN ITS OWN STATE BEING FACTS WHICH , HAD THEY OCCURRED IN ITS OWN STATE , WOULD HAVE DISQUALIFIED THE WORKER CONCERNED IN PART OR IN WHOLE FROM RECEIVING THE BENEFITS AND WHETHER IT MAY WITHOLD BENEFIT ACCORDINGLY ( THE SECOND QUESTION ) AND , ON THE OTHER , WHETHER THE ANSWER TO THE PRECEDING QUESTION WOULD BE DIFFERENT IF THE WORKER CONCERNED WERE A NATIONAL OF THE MEMBER STATE OF THE COMPETENT INSTITUTION ( THE THIRD QUESTION ).
14ARTICLE 19 ( 1 ) ( B ), WHICH GOVERNS THE RIGHT TO CASH SICKNESS AND MATERNITY BENEFITS WHERE THE WORKER IN QUESTION RESIDES IN A MEMBER STATE OTHER THAN THE COMPETENT STATE , PROVIDES THAT :
' ' 1 . A WORKER RESIDING IN THE TERRITORY OF A MEMBER STATE OTHER THAN THE COMPETENT STATE , WHO SATISFIES THE CONDITIONS OF THE LEGISLATION OF THE COMPETENT STATE FOR ENTITLEMENT TO BENEFITS , TAKING ACCOUNT WHERE APPROPRIATE OF