Keywords
Summary

Keywords

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1. Social security for migrant workers - Equal treatment - National rules making payment of a supplementary allowance to pensioners who are nationals of other Member States subject to a twofold condition regarding reciprocity under an international agreement and prior residence - Not permissible

(Council Regulation No 1408/71, Art. 3(1))

2. Member States - Obligations - Failure to fulfil Treaty obligations - Maintenance of national rules incompatible with Community law - Justification based on the existence of administrative practices ensuring that Community law is applied - Not permissible

Summary

1. A Member State which maintains national rules which are incompatible with the principle of equal treatment laid down in Article 3(1) of Regulation No 1408/71 fails to fulfil its obligations under that article in so far as it makes the grant of supplementary allowances intended to increase the amount of pensions paid by way of social security to nationals of Member States covered by the provisions of that regulation who reside on its territory subject to two conditions regarding the signature of reciprocal international agreements with those States and the prior residence of the person concerned on French territory.

2. The maintenance of national legislation which is in itself incompatible with Community law, even if the Member State concerned acts in accordance with Community law, gives rise to an ambiguous state of affairs by maintaining, as regards those subject to the law who are concerned, a state of uncertainty as to the possibilities available to them of relying on Community law. This uncertainty can only be reinforced by the internal character of the purely administrative directions to waive the application of the national law. For that reason it constitutes a failure to fulfil the obligations arising under the Treaty.