Keywords
Summary

Keywords

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1 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - MEMBERS OF THE FAMILY - INDIRECT BENEFIT - DESCENDANTS WHO HAVE REACHED THE AGE OF 21 AND ARE NO LONGER DEPENDENT ON THE WORKER - EXCLUSION

( REGULATION NO 1612/68 OF THE COUNCIL, ARTS 7 ( 2 ) AND 10; REGULATION NO 1251/70 OF THE COUNCIL )

2 . FREE MOVEMENT OF PERSONS - WORKERS - DEPENDENT MEMBER OF THE FAMILY - CONCEPT

( REGULATION NO 1612/68 OF THE COUNCIL, ART . 10 ( 1 ) AND ( 2 )*)

3 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - NATIONALS OF ONE MEMBER STATE MOVING TO ANOTHER MEMBER STATE IN SEARCH OF EMPLOYMENT - EXCLUSION

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

Summary

1 . THE MEMBERS OF A WORKER' S FAMILY, WITHIN THE MEANING OF ARTICLE 10 OF REGULATION NO 1612/68, QUALIFY ONLY INDIRECTLY FOR THE EQUAL TREATMENT ACCORDED TO THE WORKER HIMSELF BY ARTICLE 7 OF REGULATION NO 1612/68 . SOCIAL BENEFITS GUARANTEEING IN GENERAL TERMS THE MINIMUM MEANS OF SUBSISTENCE OPERATE IN FAVOUR OF MEMBERS OF THE WORKER' S FAMILY ONLY IF SUCH BENEFITS MAY BE REGARDED AS A SOCIAL ADVANTAGE, WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68, FOR THE WORKER HIMSELF .

IT FOLLOWS THAT, WHERE A WORKER WHO IS A NATIONAL OF ONE MEMBER STATE WAS EMPLOYED WITHIN THE TERRITORY OF ANOTHER MEMBER STATE AND EXERCISED THE RIGHT TO REMAIN THERE, HIS DESCENDANTS WHO HAVE REACHED THE AGE OF 21 AND ARE NO LONGER DEPENDENT ON HIM MAY NOT RELY ON THE RIGHT TO EQUAL TREATMENT GUARANTEED BY COMMUNITY LAW IN ORDER TO CLAIM A SOCIAL BENEFIT PROVIDED FOR BY THE LEGISLATION OF THE HOST MEMBER STATE AND GUARANTEEING IN GENERAL TERMS THE MINIMUM MEANS OF SUBSISTENCE . IN THE CIRCUMSTANCES, THAT BENEFIT DOES NOT CONSTITUTE FOR THE WORKER A SOCIAL ADVANTAGE WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68, INASMUCH AS HE IS NO LONGER SUPPORTING HIS DESCENDANT .

THE STATUS OF DEPENDENT MEMBER OF A WORKER' S FAMILY, TO WHICH ARTICLE 10 ( 1 ) AND ( 2 ) OF REGULATION NO 1612/68 REFERS, IS THE RESULT OF A FACTUAL SITUATION, NAMELY THE PROVISION OF SUPPORT BY THE WORKER, WITHOUT THERE BEING ANY NEED TO DETERMINE THE REASONS FOR RECOURSE TO THE WORKER' S SUPPORT .

THE EQUAL TREATMENT WITH REGARD TO SOCIAL AND TAX ADVANTAGES WHICH IS LAID DOWN BY ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 OPERATES ONLY FOR THE BENEFIT OF WORKERS AND DOES NOT APPLY TO NATIONALS OF MEMBER STATES WHO MOVE IN SEARCH OF EMPLOYMENT .