ON ANY DISCRIMINATION BASED ON NATIONALITY BETWEEN WORKERS OF THE MEMBER STATES, ANY WORKER FROM ONE OF THE MEMBER STATES IS TO BE TREATED, FOR THE PURPOSES OF REGULATION NO 3, AS IF HE WERE A NATIONAL IN SIMILAR CIRCUMSTANCES .
15 ACCORDINGLY THE ANSWER TO THE SECOND QUESTION MUST BE IN THE AFFIRMATIVE .
ON THE THIRD QUESTION
16 THE THIRD QUESTION ASKS WHETHER THE FRENCH SOCIAL SECURITY INSTITUTIONS ARE EQUALLY LIABLE IN RESPECT OF RIGHTS TO BENEFITS ARISING IN FAVOUR OF A NATIONAL OF A MEMBER STATE AND RECOGNIZED BY AN ALGERIAN INSTITUTION AFTER ALGERIA' S INDEPENDENCE BUT BEFORE THE INTRODUCTION OF REGULATION NO 109/65 OF 30 JUNE 1965 EXPRESSLY EXCLUDING ALGERIA FROM THE TERRITORIES TO WHICH REGULATION NO 3 APPLIES .
17 THE FACT THAT SUCH RIGHTS WERE RECOGNIZED AFTER 1 JULY 1962 DOES NOT RELIEVE THE FRENCH SOCIAL SECURITY INSTITUTIONS OF THEIR LIABILITY, WHICH WAS MAINTAINED IN RESPECT OF THOSE TERRITORIES LISTED WITH FRANCE AT ANNEX A UNTIL SUCH TIME AS THEY WERE STRUCK OFF AT THE INSTIGATION OF THE FRENCH REPUBLIC .
18 ANY OTHER FINDING WOULD CONSTITUTE A DISREGARD OF ARTICLE 16 OF REGULATION NO 109/65 WHICH WAS CONCEIVED PRECISELY FOR THE PROTECTION OF ACQUIRED RIGHTS .
19 ACCORDINGLY THE THIRD QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE .
ON THE FOURTH QUESTION
20 THE FOURTH QUESTION ASKS WHETHER THE FRENCH SOCIAL SECURITY INSTITUTIONS ARE EQUALLY LIABLE IN THE EVENT OF A CLAIM FOR TRANSFER ADDRESSED TO A GERMAN INSTITUTION AFTER ALGERIA' S INDEPENDENCE, BUT WHICH WAS REFERRED TO A FRENCH INSTITUTION ONLY AFTER THE INTRODUCTION OF REGULATION NO 109/65 .
21 ARTICLE 10 ( 1 ) OF REGULATION NO 3 PROHIBITS ANY REDUCTION, MODIFICATION, SUSPENSION, TERMINATION OR CONFISCATION OF A PENSION .
22 THUS THE APPELLANT IN THE MAIN ACTION, BEING IN RECEIPT OF AN INVALIDITY PENSION, HAD ACQUIRED A RIGHT TO RETAIN IT, WITHOUT ANY MODIFICATION, IF HE WERE TO TAKE UP RESIDENCE WITHIN A MEMBER STATE OTHER THAN THAT OF THE INSTITUTION LIABLE TO SERVICE HIS PENSION .
23 THE RIGHT TO A PENSION ACQUIRED AS FROM NOVEMBER 1962 COULD NOT BE AFFECTED BY THE SLOWNESS WITH WHICH THE ADMINISTRATION TRANSFERRED HIS CLAIM .
24 ACCORDINGLY THE FOURTH QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE .
ON THE FIFTH QUESTION
25 FINALLY, IN THE EVENT OF THE FOREGOING QUESTIONS BEING ANSWERED IN THE AFFIRMATIVE, THE COURT IS REQUESTED TO STATE WHETHER THE WORKER WAS ENTITLED TO ADDRESS HIS CLAIM FOR THE TRANSFER OF HIS PENSION NOT TO THE LAST INSTITUTION TO WHICH HE WAS AFFILIATED, BUT TO A FRENCH INSTITUTION TO WHICH HE HAD FORMERLY BEEN AFFILIATED .
26 SUCH A WORKER WAS ASSIMILATED TO THE PERSONS OF FRENCH NATIONALITY MENTIONED IN ANNEX A TO REGULATION NO 3, PLACED IN SIMILAR CIRCUMSTANCES, AND IS THUS A COMMUNITY NATIONAL SUBJECT TO A FRENCH INSTITUTION .
27 ARTICLE 10 OF REGULATION NO 3 LAYS DOWN THE PRINCIPLE OF THE IMMUTABILITY OF A PENSION EVEN WHERE " THE RECIPIENT IS RESIDENT WITHIN A MEMBER