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Document 61978CJ0207

Summary of the Judgment

Judgment of the Court (First Chamber) of 31 May 1979.
Criminal proceedings against Gilbert Even and Office national des pensions pour travailleurs salariés (ONPTS).
Reference for a preliminary ruling: Cour du travail de Liège - Belgium.
Social advantages.
Case 207/78.

Keywords
Summary

Keywords

1 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - BENEFITS WHICH COME WITHIN AND BENEFITS WHICH ARE EXCLUDED FROM THE SUBSTANTIVE FIELD OF APPLICATION THEREOF - DISTINGUISHING CRITERIA

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 4 ( 1 ) AND ( 4 ))

2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - BENEFITS WHICH ARE EXCLUDED FROM THE SUBSTANTIVE FIELD OF APPLICATION THEREOF - BENEFITS FOR VICTIMS OF WAR OR ITS CONSEQUENCES

( REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL , ART . 4 ( 4 ))

3 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL AND TAX ADVANTAGES - CONCEPT

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

4 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - BENEFIT BASED ON A SCHEME OF NATIONAL RECOGNITION - EXCLUSION

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

Summary

1 . THE FACT THAT A PROVISION PROVIDING FOR BENEFITS FOR VICTIMS OF WAR OR ITS CONSEQUENCES COMES WITHIN NATIONAL SOCIAL SECURITY LEGISLATION IS NOT BY ITSELF DETERMINING FOR THE PURPOSE OF CONCLUDING THAT THE BENEFIT LAID DOWN IN THAT PROVISION IS IN THE NATURE OF A SOCIAL SECURITY BENEFIT WITHIN THE MEANING OF REGULATION NO 1408/71 , SINCE THE DISTINCTION BETWEEN BENEFITS WHICH ARE EXCLUDED FROM THE FIELD OF APPLICATION OF THAT REGULATION AND BENEFITS WHICH COME WITHIN IT RESTS ENTIRELY ON THE FACTORS RELATING TO EACH BENEFIT , IN PARTICULAR ITS PURPOSES AND THE CONDITIONS FOR ITS GRANT .

2 . ARTICLE 4 ( 4 ) OF REGULATION NO 1408/71 MUST BE INTERPRETED AS ALSO EXCLUDING FROM THE FIELD OF APPLICATION OF THAT REGULATION SPECIAL NATIONAL SCHEMES ( SUCH AS THAT REFERRED TO IN ARTICLE 1 ( 4 ) OF THE BELGIAN ROYAL DECREE OF 27 JUNE 1969 ), THE ESSENTIAL OBJECTIVE OF WHICH IS TO OFFER TO WORKERS WHO FOUGHT IN THE ALLIED FORCES BETWEEN 1940 AND 1945 AND WHO SUFFER INCAPACITY FOR WORK ATTRIBUTABLE TO AN ACT OF WAR A TESTIMONY OF NATIONAL RECOGNITION FOR THE HARDSHIPS SUFFERED DURING THAT PERIOD AND TO GRANT THEM , BY INCREASING THE RATE OF THE EARLY RETIREMENT PENSION , A BENEFIT BY REASON OF THE SERVICES THUS RENDERED TO THEIR COUNTRY .

3 . IT FOLLOWS FROM ALL THE PROVISIONS OF REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL AND FROM THE OBJECTIVE PURSUED THAT THE SOCIAL AND TAX ADVANTAGES WHICH THIS REGULATION EXTENDS TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES ARE ALL THOSE 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 THE EXTENSION OF WHICH TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS SUITABLE TO FACILITATE THEIR MOBILITY WITHIN THE COMMUNITY .

4 . A BENEFIT BASED ON A SCHEME OF NATIONAL RECOGNITION , ( SUCH AS THE BENEFIT GRANTED BY THE BELGIAN ROYAL DECREE OF 27 JUNE 1969 ), CANNOT BE CONSIDERED AS AN ADVANTAGE GRANTED TO A NATIONAL WORKER BY REASON PRIMARILY OF HIS STATUS OF WORKER OR RESIDENT ON THE NATIONAL TERRITORY AND FOR THAT REASON DOES NOT FULFIL THE ESSENTIAL CHARACTERISTICS OF THE ' ' SOCIAL ADVANTAGES ' ' REFERRED TO IN ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) NO 1612/68 .

IT DOES NOT THEREFORE COME WITHIN THE SUBSTANTIVE FIELD OF APPLICATION OF THAT REGULATION AND IS NOT THEREFORE , AS REGARDS THE CONDITIONS FOR THE GRANT OF THAT BENEFIT , SUBJECT TO THE PROVISIONS OF THE LATTER .

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