, INITIALLY BY 9% OF THE TOTAL AMOUNT IN RESPECT OF THE PERIOD OF NINE YEARS IN WHICH HE WAS INSURED IN THE FEDERAL REPUBLIC OF GERMANY AND , SUBSEQUENTLY , BY 9% OF THE SAME AMOUNT ON THE GROUND THAT HIS WIFE HAD NOT BEEN INSURED DURING THE SAME PERIOD .
7 SINCE THE PROBLEM OF THE COMPATIBILITY OF THAT LEGISLATION WITH COMMUNITY LAW AND , IN PARTICULAR , WITH REGULATIONS NOS 3 AND 1408/71 , WAS RAISED , THE CENTRALE RAAD VAN BEROEP STAYED THE PROCEEDINGS AND REFERRED TO THE COURT THE FOLLOWING QUESTION :
' ' MUST THE RULE ( AS SET FORTH IN ARTICLE 12 ( 1 ) OF REGULATION NO 3 AND ARTICLE 13 ( 2 ) ( A ) OF REGULATION NO 1408/71 ) ACCORDING TO WHICH A WORKER EMPLOYED IN THE TERRITORY OF A MEMBER STATE IS SUBJECT TO THE LEGISLATION OF THAT STATE BE INTERPRETED AS MEANING THAT A NATIONAL PROVISION OF A MEMBER STATE IS INCOMPATIBLE WITH THAT RULE IN PROVIDING THAT A MARRIED WOMAN WHO RESIDES IN THAT MEMBER STATE AND WHOSE HUSBAND IS NOT INSURED FOR THE PURPOSES OF AN OLD-AGE PENSION BECAUSE HE IS SO INSURED UNDER THE LEGISLATION OF ANOTHER MEMBER STATE , IS NOT INSURED FOR SUCH PURPOSES EITHER , EVEN IF SHE HAS RESIDED IN THE TERRITORY OF THE FIRST-MENTIONED MEMBER STATE AND HAS BEEN EMPLOYED THERE?
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8 IT IS NECESSARY TO OBSERVE THAT ARTICLE 12 OF REGULATION NO 3 AS WELL AS ARTICLE 13 ( 2 ) ( A ) OF REGULATION NO 1408/71 BOTH LAY DOWN , IN VIRTUALLY IDENTICAL TERMS , THE PRINCIPLE THAT A WORKER IS SUBJECT THROUGHOUT THE PERIOD OF HIS EMPLOYMENT TO THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY HE WORKS .
9 HOWEVER , THE COURT HAS ALREADY POINTED OUT , IN ITS JUDGMENT OF 24 APRIL 1980 IN CASE 110/79 COONAN ( 1980 ) ECR 1445 , THAT IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME .
10 IT MUST HOWEVER BE EMPHASIZED THAT ALTHOUGH THE MEMBER STATES ARE AT LIBERTY TO ADOPT RULES IN RESPECT OF QUESTIONS RELATING TO SOCIAL SECURITY SCHEMES , THEY ARE NONE THE LESS UNDER AN OBLIGATION TO COMPLY WITH THE PROVISIONS OF COMMUNITY LAW IN FORCE .
11 APART FROM COUNCIL DIRECTIVE NO 79/7/EEC OF 19 DECEMBER 1978 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY ( OFFICIAL JOURNAL 1979 , L 6 P . 24 ) WHICH ALLOWS THE MEMBER STATES A PERIOD OF SIX YEARS IN WHICH TO IMPLEMENT THE NECESSARY PROVISIONS , THERE IS NO RULE OF COMMUNITY LAW PRECLUDING THE MEMBER STATES FROM MAKING THE RIGHT OF EITHER SPOUSE TO DERIVE BENEFITS UNDER A SOCIAL SECURITY SCHEME DEPENDENT ON THE AFFILIATION OF THE