Keywords
Summary

Keywords

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Social security for migrant workers - Family benefits - Article 73(2 ) of Regulation No 1408/71 creating a regime specifically applicable to workers subject to the legislation of one of the Member States - Declaration of invalidity by the Court - Effects of invalidity - General application, in the absence of new measures by way of a regulation, of the regime applicable in the other Member States .

( EEC Treaty, Arts 48 and 51; Council Regulation No 1408/71, Art . 73 )

Summary

The Court' s declaration that Article 73(2 ) of Regulation No 1408/71 is invalid - attributable to the fact that that provision, which creates a system applicable specifically to workers subject to the legislation of one of the Member States, does not satisfy the requirement of equal treatment laid down in Article 48 of the Treaty and therefore can have no place in the context of the coordination of national legislation prescribed by Article 51 of the Treaty with a view to promoting the free movement of workers - means that until such time as the Council adopts new rules which are in conformity with Article 51 the system for the payment of family benefits laid down in Article 73(1 ) of the aforesaid regulation is of general application .