This document is an excerpt from the EUR-Lex website
Document 61974CJ0039
Tuomion tiivistelmä
Tuomion tiivistelmä
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1 . SOCIAL SECURITY FOR MIGRANT WORKERS - NATIONAL LEGISLATION - SOCIAL ASSISTANCE AND SOCIAL SECURITY - DISTINCTION
2 . SOCIAL SECURITY FOR MIGRANT WORKERS - NATIONAL LEGISLATION - HANDICAPPED PERSONS - ENTITLEMENT TO BENEFIT - SOCIAL ASSISTANCE AND SOCIAL SECURITY - COMMUNITY REGULATIONS - CONDITIONS UNDER WHICH THEY APPLY
( EEC TREATY, ARTICLE 51, REGULATION OF THE COUNCIL NO 3, ARTICLE 1 ( S ), ARTICLE 2 ( 1 ) ( B ))
1 . A NATIONAL LEGISLATION WHICH IS AKIN TO SOCIAL ASSISTANCE - ESPECIALLY WHEN NEED IS THE ESSENTIAL CRITERION IN ITS IMPLEMENTATION AND THERE ARE NO CONDITIONS AS TO PERIOD OF EMPLOYMENT, OF MEMBERSHIP OR OF CONTRIBUTIONS - IS NEVERTHELESS CLOSE TO SOCIAL SECURITY TO THE EXTENT THAT, DEPARTING FROM THE CONSIDERATION OF EACH CASE ON ITS MERITS - A CHARACTERISTIC FEATURE OF ASSISTANCE - IT CONFERS ON BENEFICIARIES A LEGALLY DEFINED POSITION .
2 . A NATIONAL LEGISLATION GIVING A LEGALLY PROTECTED RIGHT TO A BENEFIT FOR THE HANDICAPPED FALLS, AS REGARDS THE PERSONS COVERED BY REGULATION NO 3, WITHIN THE AREA OF SOCIAL SECURITY WITHIN THE MEANING OF ARTICLE 51 OF THE TREATY AND OF THE COMMUNITY REGULATIONS THEREUNDER .