Keywords
Summary

Keywords

1 Actions for failure to fulfil obligations - Consideration of the merits by the Court - Situation to be taken into account - Situation as it stood at the end of the period laid down in the reasoned opinion

(EC Treaty, Art. 169)

2 Member States - Obligations - Failure to fulfil obligations - Maintenance of national legislation incompatible with Community law - Not permissible

3 Freedom of movement for persons - Workers - Equal treatment - Social advantages and family allowances for large families - National legislation making the attribution of large-family status and the related advantages and allowances subject to a nationality requirement - Not permissible - Justification on demographic policy grounds - Not justified

(EC Treaty, Arts 48 and 52; Council Regulations No 1612/68, Art. 7, and No 1408/71, Art. 3; Commission Regulation No 1251/70, Art. 7; Council Directive 75/34, Art. 7)

Summary

1 In proceedings pursuant to Article 169 of the Treaty, the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation in the Member State as it stood at the end of the period laid down in the reasoned opinion, and the Court cannot take account of any subsequent changes.

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 for them of relying on Community law. The maintenance in force of legislation which, if it had not become obsolete, would infringe Community law is also likely to engender such doubt, incompatible with the principle of legal certainty.

3 By precluding by regulation or administrative practice on the grounds of their nationality employed or self-employed workers from other Member States and the members of their families from being attributed large-family status for the purpose of the award of special benefits for such families and from being awarded family allowances, a Member State fails to fulfil its obligations under Articles 48 and 52 of the EC Treaty, Article 7 of Council Regulation No 1612/68 on freedom of movement for workers within the Community, Article 7 of Commission Regulation No 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that State, Article 7 of Council Directive 75/34 concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity, and Article 3 of Council Regulation No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community.

A nationality requirement of that nature cannot be justified by reference to demographic objectives, since social measures cannot be regarded as exempt from the application of the rules of Community law solely because they have been adopted for reasons of demographic policy.