Keywords
Summary

Keywords

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1 . Free movement of persons - Workers - Equality of treatment - Social advantages - Concept - Scholarship to study abroad awarded pursuant to a bilateral agreement between Member States - Inclusion - Eligibility for scholarships reserved under the agreement exclusively for nationals of the two Contracting States - Restriction may not be relied on

( Council Regulation No 1612/68, Art . 7 ( 2 ) )

2 . Member States - Obligations - Mutual assistance for the purposes of the application of Community law

( EEC Treaty, Art . 5 )

Summary

1 . Under Article 7 ( 2 ) of Regulation No 1612/68 a worker who is a national of a Member State is entitled, in the territory of the other Member States, to all social advantages in the same way as national workers . A grant awarded for maintenance and training with a view to the pursuit of studies in the field of further vocational training constitutes such an advantage . It follows that the authorities of a Member State may not refuse to award a scholarship to study in another Member State to a worker residing and pursuing an activity as an employed person in the territory of the first Member State but having the nationality of a third Member State on the ground that he is not a national of the Member State of residence . A bilateral agreement which reserves the scholarships in question exclusively for nationals of the two Member States which are parties to the agreement cannot prevent the application of the principle of equality of treatment between national and Community workers established in the territory of one of the two Member States, even where the agreement falls outside the field of application of the Treaty and was concluded before it entered into force .

2 . Article 5 of the Treaty provides that Member States must take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the Treaty . If, therefore, the application of a provision of Community law is liable to be impeded by a measure adopted pursuant to the implementation of a bilateral agreement, even where that agreement falls outside the field of application of the Treaty, every Member State is under a duty to facilitate the application of that provision and, to that end, to assist every other Member State which is under an obligation under Community law .