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Document 61990CJ0326

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Keywords
Summary

Keywords

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Freedom of movement for persons ° Workers ° Equal treatment ° Social advantages ° Social security benefits ° Grant to nationals of other Member States ° Length of residence requirement ° Not permissible

(Council Regulations No 1612/68, Art. 7(2) and No 1408/71, Art. 3)

Summary

The requirement by a Member State of a prior period of residence on its territory which workers from other Member States subject to its legislation must fulfil in order to qualify for the grant of the allowances for handicapped persons, the guaranteed income for old people and the minimum means of subsistence constitutes a failure to fulfil its obligations under the EEC Treaty and, in particular, Article 7(2) of Regulation No 1612/68 and Article 3 of Regulation No 1408/71, which both lay down, each in the sphere which it governs, the principle of equal treatment as between nationals of the host State and nationals of the other Member States.

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