JUDGMENT OF 5. 5. 1977 —CASE 104/76 JANSEN v LANDESVERSICHERUNGSANSTALT RHEINPROVINZ

In Case 104/76 Reference to the Court under Article 177 of the EEC Treaty by the Landessozialgericht Nordrhein-Westfalen (Higher Social Court for North Rhine-Westphalia) for a preliminary ruling in the action pending before that court between

THE COURT composed of: H. Kutscher, President, A. M. Donner and P. Pescatore (Presidents of Chambers), J. Mertens de Wilmars, M. Sørensen, Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate-General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts and issues

I — Facts and procedure

II — Written observations submitted to the Court

1. Matters covered by Regulation No 3 (First and third questions)

2. Assimilation of insurance periods (Second, fourth and fifth questions)

3. Persons covered by the assimilation of periods (Second, fourth and fifth questions)

III — Oral procedure

1. Matters covered by the Community regulations

2. Persons covered by the Community regulations

3. Assimilation of insurance periods

Decision

First and third questions (application of Regulation No 3 to the repayment of contributions, relationship with Regulation No 1408/71

Second question (taking into consideration of a generalized insurance scheme)

Fourth and fifth questions (objectives of the social regulations of the Community)

Costs