1 BY ORDER DATED 14 DECEMBER 1972, FILED IN THE COURT REGISTRY ON 21 DECEMBER 1972, THE CENTRALE RAAD VAN BEROEP ASKED FOR A PRELIMINARY RULING, UNDER ARTICLE 177 OF THE EEC TREATY ON QUESTIONS CONCERNING THE INTERPRETATION OF COUNCIL REGULATION NO 3 ON SOCIAL SECURITY FOR MIGRANT WORKERS, AND ALSO OF REGULATION NO 1408/71 RELATING TO THE APPLICATION OF SOCIAL SECURITY SYSTEMS FOR WAGE-EARNERS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY .
2 BY THE FIRST QUESTION THE COURT IS ASKED TO SAY WHETHER ARTICLES 5 AND 6 OF REGULATION NO 3 MUST BE INTERPRETED AS MEANING THAT THE REGULATION REPLACES SOCIAL SECURITY CONVENTIONS CONCLUDED BETWEEN MEMBER STATES WHICH ARE NOT MENTIONED IN ARTICLE 6 ( 1 ) AND ( 2 ) OR IN ANNEX D, EVEN THOUGH PERSONS ENTITLED TO BENEFIT WOULD DERIVE GREATER ADVANTAGE FROM THE APPLICATION OF SUCH CONVENTIONS THAN FROM THE SAID REGULATION .
3 THE SAME PROBLEM IS PUT TO THE COURT BY THE THIRD QUESTION CONCERNING THE INTERPRETATION OF ARTICLES 6 AND 7 AND ANNEX II OF REGULATION NO 1408/71 .
4 ARTICLE 5 OF REGULATION NO 3 PROVIDES : " SAVE AS OTHERWISE EXPRESSLY STATED HEREIN, THE PROVISIONS OF THIS REGULATION SHALL, IN RESPECT OF PERSONS COVERED BY THE REGULATION, REPLACE THE PROVISIONS OF : ( A ) THE SOCIAL SECURITY CONVENTIONS CONCLUDED BETWEEN TWO OR MORE MEMBER STATES EXCLUSIVELY AND THE SUPPLEMENTARY AGREEMENTS THERETO; "
5 ARTICLE 6 ( 2 ) OF THAT REGULATION STATES : " THE PROVISIONS OF THIS REGULATION NOTWITHSTANDING, THE FOLLOWING SHALL CONTINUE TO APPLY : ...... ( E ) SUCH OTHER PROVISIONS OF SOCIAL SECURITY CONVENTIONS AS ARE LISTED IN ANNEX D TO THIS REGULATION . "
6 IT IS CLEAR FROM THESE PROVISIONS THAT THE PRINCIPLE THAT THE PROVISIONS OF SOCIAL SECURITY CONVENTIONS CONCLUDED BETWEEN MEMBER STATES ARE REPLACED BY REGULATION NO 3 IS MANDATORY IN NATURE AND DOES NOT ALLOW OF EXCEPTIONS SAVE FOR THE CASES EXPRESSLY STIPULATED BY THE REGULATION .
7 THE FACT THAT SOCIAL SECURITY CONVENTIONS CONCLUDED BETWEEN MEMBER STATES ARE MORE ADVANTAGEOUS TO PERSONS COVERED BY REGULATION NO 3 THAN THE REGULATION ITSELF IS THEREFORE NOT SUFFICIENT TO JUSTIFY AN EXCEPTION TO THIS PRINCIPLE UNLESS SUCH CONVENTIONS ARE EXPRESSLY PRESERVED BY THE REGULATION .
8 CONSEQUENTLY, THE ANSWER TO THE FIRST QUESTION MUST BE THAT, ACCORDING TO ARTICLES 5 AND 6 OF REGULATION NO 3, THAT REGULATION REPLACES, IN RESPECT OF THE PERSONS COVERED BY IT, SOCIAL SECURITY CONVENTIONS CONCLUDED BETWEEN MEMBER STATES WHICH ARE NOT MENTIONED IN ARTICLE 6 OR IN ANNEX D THEREOF, EVEN IF THE APPLICATION OF THE CONVENTIONS IS MORE ADVANTAGEOUS TO PERSONS ENTITLED TO BENEFITS THAN THE SAID REGULATION .
9 THE SAME ANSWER MUST BE GIVEN TO THE THIRD QUESTION, AS ARTICLES 6 AND 7 OF COUNCIL REGULATION NO 1408/71, BY VIRTUE OF THEIR CONTENT AND THEIR PURPOSE, ARE ANALOGOUS IN THEIR SCOPE AND EFFECT TO ARTICLES 5 AND 6 OF REGULATION NO 3 .
10 THE SECOND QUESTION THEREFORE DOES NOT REQUIRE AN ANSWER .