OF REGULATION NO 3 ARE APPLICABLE BY ANALOGY TO BENEFITS SUCH AS THOSE REFERRED TO IN ARTICLE 1244A OF THE RVO .
2 THIS ARTICLE WAS INTRODUCED INTO THE RVO BY ARTICLE 31 OF THE LAW OF 23 JULY 1959 CONCERNING ASSISTANCE IN CASES OF TUBERCULOSIS .
IN ORDER TO " ENCOURAGE AND ENSURE THE RECOVERY OF INVALIDS " IN ACCORDANCE WITH THE FIRST SENTENCE OF ARTICLE 1 ( 1 ), THIS LAW PROVIDED FOR MEDICAL TREATMENT, AID TO INTEGRATION INTO WORKING LIFE, ECONOMIC AID AND AID OF A PROPHYLACTIC NATURE TO BE PROVIDED BY THE SOCIAL ASSISTANCE ORGANIZATIONS TO ALL PERSONS SUFFERING FROM TUBERCULOSIS, TO THE EXTENT TO WHICH THEY CANNOT RECEIVE THE NECESSARY ASSISTANCE BY ANY OTHER MEANS .
ON THE OTHER HAND, BY REFERRING SOLELY TO THOSE TUBERCULOSIS SUFFERERS WHO ARE INSURED WITH AND RECEIVE PENSIONS FROM PENSION INSURANCE ORGANIZATIONS, AND TO THEIR SPOUSES AND CHILDREN, THE INTRODUCTION OF ARTICLE 1244A INTO THE RVO BY THE ABOVEMENTIONED ARTICLE 31 COMPELLED THE PENSION INSURANCE ORGANIZATIONS TO PROVIDE SUCH PERSONS WITH, IN PARTICULAR, THE NECESSARY MEDICAL TREATMENT AND A TEMPORARY ALLOWANCE EVEN WHERE, CONTRARY TO THE GENERAL PROVISIONS OF ARTICLE 1236 OF THE RVO CONCERNING THE CONDITIONS UNDER WHICH BENEFITS ARE PAID BY THE PENSION INSURANCE ORGANIZATIONS OF WORKERS, THERE IS NO REASON TO FEAR THAT THE INVALID' S EMPLOYMENT WILL BE JEOPARDIZED OR WHERE NO CHANCE EXISTS OF MAINTAINING, IMPROVING OR RE-ESTABLISHING SUCH EMPLOYMENT BY MEANS OF THE MEASURES PROVIDED FOR .
3 THE FILE SHOWS THAT A GERMAN PENSION INSURANCE ORGANIZATION REFUSED TO APPLY ARTICLE 1244A OF THE RVO TO THE PLAINTIFF IN THE MAIN ACTION, WHO IS A GERMAN NATIONAL, ON THE GROUND THAT THE INSURANCE PERIODS WHICH HE HAD COMPLETED IN GERMANY WERE INSUFFICIENT TO SATISFY THE CONDITION OF SIXTY MONTHS' AFFILIATION STIPULATED BY THAT PROVISION .
IN ORDER TO SETTLE THE CASE PENDING BEFORE IT, THE GERMAN COURT MUST DECIDE WHETHER THE AFFILIATION PERIODS PREVIOUSLY COMPLETED BY THE WORKER IN ANOTHER MEMBER STATE MUST BE TAKEN INTO ACCOUNT IN APPLYING ARTICLE 1244A OF THE RVO .
TO THIS END, THEREFORE, THE BUNDESSOZIALGERICHT MUST CLASSIFY THE BENEFITS PROVIDED FOR BY ARTICLE 1244A OF THE RVO IN THE LIGHT OF THE CRITERIA WHICH DEFINE THE SCOPE OF REGULATION NO 3 OF THE COUNCIL CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS .
WITHOUT BEING EMPOWERED TO CLASSIFY THE ABOVEMENTIONED PROVISION OF THE RVO IN THE CONTEXT OF THE PRESENT PROCEEDINGS, THE COURT MAY, HOWEVER, PROVIDE THE NATIONAL COURT WITH FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH MIGHT BE USEFUL TO IT IN EVALUATING THE EFFECTS OF THAT PROVISION .
4 UNDER THE TERMS OF ARTICLE 1 ( B ), REGULATION NO 3 APPLIES TO ALL THE LEGISLATION OF THE MEMBER STATES RELATING TO " THE SOCIAL SECURITY SCHEMES AND BRANCHES OF SOCIAL SECURITY " REFERRED TO IN ARTICLE 2 ( 1 ) AND ( 2 ), AND UNDER ARTICLE 2 ( 3 ) THE REGULATION SHALL NOT APPLY TO " SOCIAL ASSISTANCE AND MEDICAL AID ".
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