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Document 61996CJ0057

Az ítélet összefoglalása

A Bíróság (ötödik tanács) november 27.-i ítélete: 1997.
H. Meints kontra Minister van Landbouw, Natuurbeheer en Visserij.
Előzetes döntéshozatal iránti kérelem: Raad van State - Hollandia.
C-57/96. sz. ügy

Keywords
Summary

Keywords

1 Social security for migrant workers - Community rules - Scope ratione materiae - Unemployment benefit - Definition - Benefit in the form of a single payment, the amount of which is determined solely by the age of the recipient and which must be repaid if the recipient is reemployed by his former employer - Excluded

(Council Regulation No 1408/71, Art. 4(1)(g))

2 Freedom of movement for persons - Workers - Equal treatment - Social advantages - Definition - Benefit in the form of a single payment to agricultural workers no longer employed as a result of the setting aside of land belonging to their former employer - Included

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

3 Freedom of movement for persons - Workers - Equal treatment - Social advantages - National legislation making payment of a social advantage conditional on residence within the national territory - Not permissible

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

Summary

4 Regulation No 1408/71, as amended and updated by Regulation No 2001/83, does not apply to a compensation scheme under which agricultural workers, whose contract of employment has been terminated as a result of the setting aside of land belonging to their former employer, receive a benefit, which is additional to unemployment benefits provided for under the national social security scheme, in the form of a single payment, the amount of which is determined solely by the age of the recipient and which must be repaid if the recipient is reemployed by his former employer within 12 months following the termination of his contract of employment. In order to be classified as an unemployment benefit within the meaning of Article 4(1)(g) of that regulation, a benefit must be intended to replace the remuneration lost by reason of unemployment and thereby provide for the maintenance of the unemployed person.

5 A benefit which takes the form of a single payment to agricultural workers whose contract of employment has been terminated as a result of the setting aside of land belonging to their former employer is to be classified as a social advantage within the meaning of Article 7(2) of Regulation No 1612/68 on freedom of movement for workers within the Community, since entitlement to the benefit is intrinsically linked to the recipients' objective status as workers.

6 A Member State may not make payment of a social advantage within the meaning of Article 7(2) of Regulation No 1612/68 dependent on the condition that recipients be resident within its territory. Unless it is objectively justified and proportionate to its aim, a provision of national law must be regarded as indirectly discriminatory if it is intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage. This is true of a residence condition which can be more easily met by national workers than by those from other Member States.

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