SATISFY THE CONDITIONS LAID DOWN BY THE REPARATION LAW FOR THE RETROACTIVE PAYMENT OF CONTRIBUTIONS .
8 AFTER THE FAILURE OF HER ACTION IN THE SOZIALGERICHT BERLIN AND HER APPEAL TO THE LANDESSOZIALGERICHT BERLIN , THE PLAINTIFF IN THE MAIN ACTION APPEALED ON A POINT OF LAW TO THE BUNDESSOZIALGERICHT . HER MAIN ARGUMENT WAS THAT THE JUDGMENT APPEALED AGAINST RESTED ON AN INCORRECT APPLICATION OF ARTICLE 9 ( 2 ) OF REGULATION NO 1408/71 OF THE COUNCIL . SHE SUBMITTED THAT BY VIRTUE OF THAT PROVISION INSURANCE PERIODS WHICH SHE HAD COMPLETED IN FRANCE SHOULD BE TAKEN INTO ACCOUNT AS IF THEY HAD BEEN COMPLETED UNDER THE GERMAN LEGISLATION .
9 IN THOSE CIRCUMSTANCES THE BUNDESSOZIALGERICHT HAS SUBMITTED THE FOLLOWING QUESTIONS :
1 . MUST ARTICLE 4 ( 1 ) OF REGULATION ( EEC ) NO 1408/71 , WHEREBY THAT REGULATION APPLIES TO LEGISLATION CONCERNING ' ' BRANCHES OF SOCIAL SECURITY ' ' , BE CONSTRUED AS MEANING THAT ENTITLEMENT TO PAY CONTRIBUTIONS RETROACTIVELY UNDER THE LAW ON THE REPARATION OF INJUSTICE PERPETRATED UNDER NATIONAL SOCIALISM IN THE FIELD OF SOCIAL INSURANCE ( REPARATION LAW ) OF 22 DECEMBER 1970 , IN THE VERSION OF 27 JUNE 1977 ( BUNDESGESETZBLATT 1970 I , P . 1846 AND BUNDESGESETZBLATT I 1977 , P . 1040 ), COMES WITHIN THE SCOPE OF THAT REGULATION , IN SO FAR AS THE VICTIMS OF PERSECUTION MUST BE REGARDED AS WORKERS WITHIN THE MEANING OF ARTICLE 1 ( A ) OF REGULATION ( EEC ) NO 1408/71?
IF THE ANSWER IS IN THE AFFIRMATIVE , DOES THAT SPECIAL RIGHT TO PAY CONTRIBUTIONS RETROACTIVELY FORM PART OF A BENEFIT SCHEME WITHIN THE MEANING OF ARTICLE 4 ( 4 ) OF REGULATION ( EEC ) NO 1408/71 , THUS EXCLUDING THE APPLICABILITY OF THE REGULATION?
2.IF REGULATION ( EEC ) NO 1408/71 IS APPLICABLE , DOES ARTICLE 9 ( 2 ) THEREOF APPLY TO THE INSURANCE PERIOD OF 60 MONTHS REQUIRED UNDER ARTICLE 10 A OF THE REPARATION LAW IN SO FAR AS A PERSON ' S STATUS AS AN INSURED PERSON ( AND THUS AS A VICTIM OF PERSECUTION ) UNDER ARTICLE 1 ( 1 ) OF THE REPARATION LAW IS THEREBY CREATED?
FIRST QUESTION
10 IN ITS ORDER THE BUNDESSOZIALGERICHT HAS EXPRESSED DOUBTS AS TO WHETHER THE SCHEME FOR THE REPARATION OF INJUSTICE PERPETRATED BY THE NATIONAL SOCIALIST REGIME IN THE FIELD OF GERMAN SOCIAL INSURANCE COMES WITHIN THE SCOPE OF REGULATION NO 1408/71 AND WHETHER THE EFFECT OF ARTICLE 9 ( 2 ) OF THAT REGULATION IS THAT IN THE CASE OF NATIONALS OF MEMBER STATES OF THE COMMUNITY WHO RESIDE OUTSIDE THE FEDERAL REPUBLIC OF GERMANY CONTRIBUTIONS PAID IN OTHER MEMBER STATES MAY BE SUBSTITUTED FOR THE ENTIRE PERIOD OF 60 MONTHS OF PRIOR INSURANCE REQUIRED BY ARTICLE 10 A OF THE REPARATION LAW , INCLUDING THEREFORE THE CONTRIBUTION REQUIRED BY ARTICLE 1 ( 1 ) OF THAT LAW IN ORDER TO HAVE THE STATUS OF INSURED PERSON ( WHICH CONTRIBUTION MUST