VIEW OF THE ANSWER TO THE FIRST QUESTION , NO EXAMINATION OF THE THIRD QUESTION IS NECESSARY .
Decision on costs
COSTS
16 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE AND AS THE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER ),
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE PRESIDENT OF THE CENTRALE RAAD VAN BEROEP BY LETTER DATED 25 APRIL 1979 , HEREBY RULES :
1 . THE WORDS ' ' SICKNESS AND MATERNITY BENEFITS ' ' WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( A ) AND CHAPTER 1 OF TITLE III OF REGULATION NO 1408/71 MUST BE INTERPRETED AS INCLUDING BENEFITS UNDER LEGISLATION CONCERNING INVALIDITY WHICH ARE IN THE NATURE OF MEDICAL OR SURGICAL BENEFITS .
2 . REGULATION NO 1408/71 , HAVING REGARD ALSO TO ARTICLES 19 AND 28 ( 1 ) THEREOF , DOES NOT FETTER THE POWER OF THE COMPETENT INSTITUTION OF A MEMBER STATE TO GRANT SICKNESS OR MATERNITY BENEFITS , WITHIN THE MEANING OF ARTICLE 4 ( 1 ) ( A ) OF THE SAID REGULATION , INCLUDING BENEFITS OF A MEDICAL OR SURGICAL NATURE , TO A PERSON WHO IS IN RECEIPT OF AN INVALIDITY PENSION UNDER THE LEGISLATION OF THAT MEMBER STATE AND WHO RESIDES IN THE TERRITORY OF ANOTHER MEMBER STATE .