THAN ORDINARY COURTS OF LAW .
2 . CF . PARA . 1, SUMMARY IN CASE 6/64, ( 1964 ) ECR 585 .
IN THE CONTEXT OF REQUESTS FOR PRELIMINARY RULINGS, THE COURT HAS NO JURISDICTION EITHER TO APPLY THE TREATY TO A SPECIFIC CASE OR TO DECIDE UPON THE VALIDITY OF A PROVISION OF DOMESTIC LAW IN RELATION TO THE TREATY, AS IT WOULD BE POSSIBLE FOR IT TO DO UNDER ARTICLE 169 . NEVERTHELESS, THE COURT HAS POWER TO EXTRACT FROM A QUESTION IMPERFECTLY FORMULATED BY THE NATIONAL COURT THOSE QUESTIONS WHICH ALONE PERTAIN TO THE INTERPRETATION OF THE TREATY . */ 664J0006 /*.
3 . RULES GOVERNING SICKNESS INSURANCE FOR WORKERS AND THEIR SURVIVORS, LAID DOWN AND OPERATED BY AN INSTITUTION ESTABLISHED UNDER PRIVATE LAW, SINCE THEY ARE ' ENFORCEABLE PROVISIONS ' FALL WITHIN THE TERM ' LEGISLATION ' WITHIN THE MEANING OF ARTICLES 1(B ) AND 4 OF REGULATION NO 3 WHEN THE SAID PROVISIONS SUPPLEMENT OR ARE A SUBSTITUTE FOR LAWS AND REGULATIONS ESTABLISHING A GENERAL OR SPECIAL SOCIAL SECURITY SCHEME .
4 . IN PARTICULAR A SPECIAL SCHEME WITHIN THE MEANING OF ARTICLE 2(2 ) OF REGULATION NO 3 OF THE COUNCIL OF THE EEC EXISTS WHEN A SPECIFIC GROUP OF WORKERS IS COMPULSORILY MADE SUBJECT TO A SPECIAL TYPE OF INSURANCE BY VIRTUE OF PUBLIC LAW . IT IS FOR THE NATIONAL COURT TO EXAMINE WHETHER THE CONDITIONS REQUIRED FOR THE EXISTENCE OF A SPECIAL SCHEME ARE MET . REGULATIONS NOS 3 AND 4 ARE APPLICABLE TO A SPECIAL SCHEME IN ITS ENTIRETY, INCLUDING ANY PROVISIONS WHICH IT MAY CONTAIN CONCERNING THE VOLUNTARY AND OPTIONAL AFFILIATION OF FORMER INSURED PERSONS AND THEIR SURVIVORS .
5 . THE HEADING ' NETHERLANDS ' IN ANNEX B TO REGULATION NO 3 OF THE COUNCIL OF THE EEC COVERS BOTH THE GENERAL AND THE SPECIAL SOCIAL SECURITY SCHEMES PROVIDING FOR INSURANCE AGAINST SICKNESS .
6 . ONE OF THE INTENTIONS OF ARTICLES 48 TO 51 OF THE EEC TREATY AND OF REGULATION NO 3 OF THE COUNCIL OF THE EEC IS TO PREVENT TERRITORIAL PROVISIONS FROM BEING APPLIED AGAINST WORKERS OR THEIR SURVIVORS IN MATTERS OF SOCIAL SECURITY . ACCORDINGLY UNDER REGULATION NO 3 AN INSTITUTION MANAGING A SICKNESS INSURANCE SCHEME MAY NOT REFUSE TO GIVE THE BENEFIT OF AFFILIATION TO THE SCHEME, EVEN AN OPTIONAL SCHEME, TO A WORKER ENTITLED TO A PENSION BY VIRTUE OF THE LEGISLATION OF A MEMBER STATE OR TO HIS SURVIVOR, IF THE REASON FOR SO REFUSING IS THAT THE PERSON SO ENTITLED RESIDES PERMANENTLY IN A MEMBER STATE OTHER THAN THE ONE IN WHICH THE SAID INSTITUTION IS SITUATED .
7 . ARTICLE 22 OF REGULATION NO 3 ALSO APPLIES TO BENEFITS GIVEN IN THE FORM OF REIMBURSEMENT OF EXPENSES FOR MEDICAL TREATMENT, MEDICINES AND NURSING .
Parties
IN CASE 61/65
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE SCHEIDSGERECHT VAN HET BEAMBTENFONDS VOOR HET MIJNBEDRIJF, HEERLEN ( NETHERLANDS ), FOR A PRELIMINARY RULING IN