CONTRIBUTIONS FOR EARLIER PERIODS IN RESPECT OF WHICH CONTRIBUTIONS HAVE NOT YET BEEN PAID , ( ART . 49A ( 2 ) OF PART 2 OF THE CLERICAL STAFF PENSION REFORM LAW ( ANGESTELLTENVERSICHERUNGS-NEUREGELUNGSGESETZ ), AS AMENDED BY THE PENSION REFORM LAW ( RENTENREFORMGESETZ ) OF 16 OCTOBER 1972 , MUST FIRST PAY GERMANY CONTRIBUTIONS FOR THE PERIODS COVERED BY CONTRIBUTIONS IN ANOTHER MEMBER STATE OR IS THIS UNNECESSARY UNDER COMMUNITY LAW?
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2 THAT QUESTION HAS BEEN SUBMITTED IN THE CONTEXT OF A DISPUTE BETWEEN A GERMAN NATIONAL , THE PLAINTIFF IN THE MAIN ACTION , AND THE BUNDESVERSICHERUNGSANSTALT FUR ANGESTELLTE ( FEDERAL INSURANCE INSTITUTION FOR CLERICAL STAFF ). THE PLAINTIFF PAID CONTRIBUTIONS TO GERMAN INSURANCE FOR CLERICAL STAFF FROM APRIL 1948 TO JUNE 1969 , AND THEN FROM 1973 TO 1974 . IN THE INTERVENING PERIOD ( 1969 TO 1973 ) HE WAS EMPLOYED IN BELGIUM AND COMPULSORILY INSURED UNDER THE BELGIAN INSURANCE SCHEME FOR CLERICAL STAFF . IN HIS FIRST GERMAN INSURANCE PERIOD THERE WERE SOME INTERRUPTIONS , NAMELY FOUR MONTHS IN 1956 AND 41 MONTHS BETWEEN 1964 AND 1967 , DURING WHICH HE WAS NOT INSURED EITHER IN ANOTHER MEMBER STATE OR UNDER ANY OTHER OLD-AGE PENSION INSURANCE SCHEME IN THE FEDERAL REPUBLIC OF GERMANY .
3 THE APPLICANT EXPRESSED THE DESIRE TO MAKE USE OF THE FACILITIES AVAILABLE TO PERSONS IN HIS SITUATION UNDER ARTICLE 49A ( 2 ) OF THE ANGESTELLTENVERSICHERUNGS-NEUREGELUNGSGESETZ ( CLERICAL STAFF PENSION REFORM LAW , HEREINAFTER REFERRED TO AS ' ' THE 1957 LAW ' ' ), AS AMENDED BY ARTICLE 2 ( 2 ) 14 OF THE RENTENREFORMGESETZ ( PENSION REFORM LAW , HEREINAFTER REFERRED TO AS ' ' THE 1972 LAW ' ' ) OF 16 OCTOBER 1972 . ACCORDING TO THAT PROVISION : ' ' PERSONS WHO ARE ENTITLED TO BECOME VOLUNTARILY INSURED PURSUANT TO ARTICLE 10 OF THE CLERICAL STAFF INSURANCE LAW MAY , AT THEIR REQUEST , IN DEROGATION FROM THE PROVISIONS OF ARTICLE 140 OF THAT LAW , VOLUNTARILY BUY-IN CONTRIBUTIONS IN RESPECT OF PERIODS FROM 1 JANUARY 1956 TO 31 DECEMBER 1973 WHICH ARE NOT YET COVERED BY CONTRIBUTIONS TO STATUTORY PENSION INSURANCE , PROVIDED THAT A CONTRIBUTION RELATING TO ANY MONTH MAY NOT BE PAID UNLESS THE CONTRIBUTIONS COVERING ALL SUBSEQUENT MONTHS HAVE FIRST BEEN PAID . A CONTRIBUTION RELATING TO ANY MONTH MAY NOT EXCEED THE SMALLEST CONTRIBUTION PAID IN RESPECT OF A LATER MONTH ' ' .
4 RELYING ON THAT TEXT THE APPLICANT APPLIED TO PAY IN THAT WAY THE CONTRIBUTIONS WHICH HE WOULD HAVE PAID HAD HE BEEN INSURED IN THE FEDERAL REPUBLIC OF GERMANY BETWEEN 1948 AND 1969 ( 45 MONTH IN ALL ). WHILST NOT CONTESTING THAT THE PLAINTIFF SATISFIES THE CONDITIONS FOR THE EXERCISE OF THE OPTION OF MAKING BACK-PAYMENTS , THE DEFENDANT INSTITUTION REFERS TO THE SENTENCE IN ARTICLE 49A ( 2 ) WHICH SAYS THAT SUCH ENTITLEMENT SHALL EXIST ' ' PROVIDED THAT A CONTRIBUTION RELATING TO ANY MONTH MAY NOT BE PAID