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 ".
IN ORDER TO REPLY TO THE QUESTION REFERRED, IT IS FIRST NECESSARY TO CONSIDER WHETHER SUCH ADVANTAGES AS THOSE PROVIDED BY ARTICLE 1244A OF THE RVO ARE INCLUDED IN THE SOCIAL SECURITY BENEFITS LISTED IN ARTICLE 2 ( 1 ) AND ( 2 ) OF REGULATION NO 3 .
REGULATION NO 3 MUST BE INTERPRETED WITH REGARD TO THE FUNDAMENTAL AIM OF ARTICLE 51 OF THE TREATY, WHICH IS TO ESTABLISH THE MOST FAVOURABLE CONDITIONS FOR ACHIEVING THE FREEDOM OF MOVEMENT AND EMPLOYMENT OF COMMUNITY WORKERS WITHIN THE TERRITORY OF EACH OF THE MEMBER STATES .
THE PURSUIT OF THIS OBJECTIVE ENABLES THE CONCEPT OF SOCIAL SECURITY TO BE REGARDED AS INCLUDING THE AIM OF PREVENTING THE SPREAD OF DISEASE, WHICH CANNOT BE REGARDED AS A MERE MEASURE OF SOCIAL ASSISTANCE .
5 CONSIDERED FROM THIS POINT OF VIEW, A PROVISION WHICH ESTABLISHES A DIRECT LINK BETWEEN THE AFFILIATION OF AN INDIVIDUAL TO A PENSION INSURANCE SCHEME AND THE ACQUISITION OF A RIGHT TO BENEFITS WHICH ARE PAYABLE BY PENSION INSURANCE ORGANIZATIONS TO INSURED PERSONS AND THEIR DEPENDANTS, AS A RESULT OF THE FACT THAT THEY HAVE CONTRACTED TUBERCULOSIS AND CHIEFLY IN ORDER TO BRING ABOUT THEIR RECOVERY, MUST BE REGARDED AS FORMING PART OF THE LEGISLATION GOVERNING SOCIAL SECURITY REFERRED TO IN ARTICLE 2 ( 1 ) OF REGULATION NO 3 .
THIS CLASSIFICATION CANNOT BE MODIFIED BY THE FACT THAT, SINCE TUBERCULOSIS IS CONTAGIOUS AND CONSTITUTES A DANGER TO PUBLIC HEALTH, IT HAS FORMED THE SUBJECT OF A SPECIAL LAW PROVIDING FOR PROPHYLACTIC OR REMEDIAL MEASURES WHICH THE SOCIAL ASSISTANCE ORGANIZATIONS ARE REQUIRED TO APPLY IN FAVOUR OF ANY PERSON RESIDING IN THE MEMBER STATE CONCERNED, TO THE EXTENT TO WHICH SUCH BENEFITS ARE NOT ALREADY PROVIDED BY THE INSURANCE ORGANIZATIONS .
6 THEREFORE, ARTICLE 2 ( 1 ) OF REGULATION NO 3 COVERS BENEFITS OF A PROPHYLACTIC OR REMEDIAL NATURE .
7 IN ORDER TO REPLY TO THE QUESTION REFERRED IT IS STILL NECESSARY TO CONSIDER WHETHER THE AGGREGATION OF THE AFFILIATION PERIODS COMPLETED IN THE VARIOUS MEMBER STATES, WHICH IS NECESSARY IN ORDER TO ACQUIRE A RIGHT TO THE BENEFITS IN QUESTION, SHOULD BE CARRIED OUT ON THE BASIS OF ARTICLES 26 AND 27 OF REGULATION NO 3 TO WHICH THE GERMAN COURT REFERS .
8 AS IS POINTED OUT IN THE ORDER REFERRING THE MATTER, IN THE ABSENCE OF ANY CONTRARY PROVISION, BENEFITS WHICH ARE NOT RELATED TO THE " EARNING CAPACITY " OF THE INSURED PERSON CANNOT BE REGARDED AS INVALIDITY BENEFITS WITHIN THE MEANING OF ARTICLE 2 ( 1 ) ( B ) OF REGULATION NO 3 .
ON THE OTHER HAND, WHERE SUCH BENEFITS ARE ALSO AWARDED TO THE MEMBERS OF