Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PERSONS COVERED - MEMBERS OF A WORKER ' S FAMILY - DEPENDENT CHILDREN - UNEMPLOYMENT BENEFITS FOR YOUNG JOB-SEEKERS - REGULATION ( EEC ) NO 1408/71 - INAPPLICABLE

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 2 ( 1 ) AND ART . 3 ( 1 ))

2 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - CONCEPT - UNEMPLOYMENT BENEFITS FOR YOUNG JOB-SEEKERS - GRANT TO CHILDREN OF A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE - CHILD HAVING NATIONALITY OF A NON-MEMBER COUNTRY

( REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL , ART . 7 ( 2 ))

Summary

1 . A NATIONAL OF A NON-MEMBER COUNTRY WHO IS A MEMBER OF THE FAMILY OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE CANNOT RELY ON REGULATION NO 1408/71 , AND IN PARTICULAR ARTICLE 2 ( 1 ) AND ARTICLE 3 ( 1 ) THEREOF , IN ORDER TO CLAIM UNEMPLOYMENT BENEFITS GRANTED , UNDER THE LEGISLATION OF THE MEMBER STATE IN WHOSE TERRITORY THAT WORKER IS EMPLOYED , TO YOUNG PERSONS SEEKING EMPLOYMENT , WHEN THEY ARE GRANTED ON THE BASIS OF THE BENEFICIARY ' S OWN SITUATION AND NOT BY REASON OF THE FACT THAT HE IS A MEMBER OF A WORKER ' S FAMILY .

2 . THE TERM ' SOCIAL ADVANTAGE ' USED IN ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 REFERS TO ALL ADVANTAGES WHICH , WHETHER OR NOT LINKED TO A CONTRACT OF EMPLOYMENT , ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE ON THE NATIONAL TERRITORY AND WHOSE EXTENSION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS LIKELY TO FACILITATE THE MOBILITY OF SUCH WORKERS WITHIN THE COMMUNITY .

UNEMPLOYMENT BENEFITS PROVIDED UNDER THE LEGISLATION OF A MEMBER STATE FOR YOUNG PERSONS SEEKING WORK CONSTITUTE A SOCIAL ADVANTAGE WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 . A MEMBER STATE CANNOT REFUSE TO GRANT SUCH BENEFITS TO THE DEPENDENT CHILDREN OF A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE ON THE GROUNDS OF THE CHILDREN ' S NATIONALITY , WHETHER THEY ARE NATIONALS OF A MEMBER STATE OR OF A NON-MEMBER COUNTRY .