COURT REGISTRY ON 21 FEBRUARY, THE " CHAMBRE SOCIALE " OF THE COUR DE CASSATION OF FRANCE REFERRED, UNDER ARTICLE 177 OF THE EEC TREATY, QUESTIONS RELATING TO THE INTERPRETATION OF ARTICLES 1 ( H ), 12 AND 13 OF REGULATION NO 3 OF 25 SEPTEMBER 1958 CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS ( OJ P . 561 ) AS AMENDED, SO FAR AS THE LAST OF THESE PROVISIONS IS CONCERNED, BY REGULATION NO 24/64 OF 10 MARCH 1964 ( OJ P . 746/64 ), IN ORDER TO DETERMINE THE SPECIAL SITUATION IN RELATION TO SOCIAL SECURITY LEGISLATION OF A BUSINESS REPRESENTATIVE WHOSE WORKING ACTIVITIES EXTEND INTO THE TERRITORIES OF TWO MEMBER STATES .
2 IT APPEARS FROM THE JUDGMENT REFERRING THE QUESTIONS FOR A PRELIMINARY RULING THAT THOSE QUESTIONS HAVE BEEN RAISED IN THE CONTEXT OF A DISPUTE CONCERNING THE AFFILIATION TO THE SOCIAL SECURITY SYSTEM OF A FRENCH CITIZEN HAVING HIS PERMANENT ADDRESS IN FRANCE, ACTING IN THE FEDERAL REPUBLIC OF GERMANY, AS A REPRESENTATIVE ON BEHALF OF VARIOUS FRENCH UNDERTAKINGS AND DIVIDING HIS TIME BETWEEN CONTINUOUS BUSINESS-CANVASSING TOURS IN THE LATTER STATE FOR NINE MONTHS IN THE YEAR, AND HAVING NO FIXED PLACE OF ABODE THERE, THE REMAINDER OF THE YEAR BEING USED FOR THE PURPOSE OF CONTACTING, ON FRENCH TERRITORY, THE UNDERTAKINGS WHICH HE REPRESENTS .
3 IT IS NOT CONTESTED IN THE NATIONAL COURT BEFORE WHICH THE DISPUTE WAS BROUGHT THAT THE PARTY CONCERNED, THE DEFENDANT IN THE MAIN ACTION, ALTHOUGH NOT IN A SUBORDINATE RELATIONSHIP TO THE UNDERTAKINGS WHICH HE REPRESENTS, MUST BE REGARDED AS " ASSIMILATED " TO WAGE-EARNERS WITHIN THE MEANING OF REGULATION NO . 3 BECAUSE HE PURSUES AN OCCUPATION WHICH, UNDER THE FRENCH SOCIAL SECURITY CODE, IS SUBJECT TO THE GENERAL SOCIAL SECURITY SCHEME .
4 THE MATTER OF THE AFFILIATION OF THE DEFENDANT IN THE MAIN ACTION TO THIS SCHEME IS ONLY IN DISPUTE OWING TO SPECIAL CIRCUMSTANCES UNDER WHICH HE DIVIDES THE PURSUIT OF HIS OCCUPATION BETWEEN THE TERRITORIES OF TWO MEMBER STATES .
5 IT APPEARS, MOREOVER, FROM THE ORDER REFERRING THE QUESTIONS THAT, FROM THE POINT OF VIEW OF COMMUNITY LAW, THE PERIODS OF ACTIVITY TO BE TAKEN INTO ACCOUNT FOR THE PURPOSES OF THE AFFILIATION OF THE DEFENDANT TO THE SCHEME ARE COVERED BY TWO SUCCESSIVE BODIES OF LEGAL RULES, SINCE THE PROVISIONS OF REGULATION NO 3 APPLYING TO THE SITUATION GIVING RISE TO THE DISPUTE WERE AMENDED IN 1964 BY REGULATION NO 24/64 .
6 SEPARATE CONSIDERATION SHOULD THEREFORE BE GIVEN TO THE FIRST AND SECOND QUESTIONS, WHICH DEAL WITH THE SITUATION PRIOR TO THE AMENDMENT MADE BY REGULATION NO 24/64, AND TO THE THIRD QUESTION WHICH COMES UNDER THE NEW SYSTEM RESULTING FROM THE AMENDMENT EFFECTED BY THE SAID REGULATION .
AS TO THE FIRST AND SECOND QUESTIONS ( SYSTEM EXISTING BEFORE REGULATION NO 24/64 )
7 IN THE FIRST QUESTION AN INTERPRETATION IS SOUGHT OF THE TERM " EMPLOYED " IN ARTICLE 12 OF THE REGULATION NO 3 IN ORDER TO DETERMINE