Order of the Court (Fifth Chamber) of 17 April 2007 (reference for a preliminary ruling from the Tribunal du Travail, Verviers (Belgium)) — Mamate El Youssfi v Office National des Pensions (ONP)

(Case C-276/06) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure - Euro-Mediterranean Agreement EC-Morocco - Article 65 - Principle of non-discrimination in matters of social security - Statutory Guaranteed Income for Elderly Persons)

(2007/C 96/45)

Language of the case: French

Referring court

Tribunal du Travail, Verviers

Parties

Applicant: Mamate El Youssfi

Defendant: Office National des Pensions (ONP)

Re:

Reference for a preliminary ruling — Tribunal du Travail de Verviers — Interpretation of Article 41 of the Cooperation Agreement between the EEC and the Kingdom of Morocco, approved by Council Regulation (EEC) No 2211/78 of 26 September 1978 concerning the conclusion of the Cooperation Agreement the European Economic Community and the Kingdom of Morocco (OJ 1978 L 264, p. 1), as amended by Article 65 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ 2000 L 70, p. 2) and Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality (OJ 2003 L 124, p. 1) and Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1) — Principle of non discrimination — Refusal to grant statutory guaranteed income to elderly persons to a Moroccan national resident in Belgium

Operative part of the order

The first subparagraph of Article 65(1) of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, signed in Brussels on 26 February 1996 and approved on behalf of the Communities by Decision No 2000/204/EC, ECSC of the Council and the Commission of 24 January 2000 must be interpreted as meaning that the host Member State may not refuse to grant the statutory guaranteed income for elderly persons to a Moroccan national who has reached the age of 65 and resides legally in that State as long as she comes within the scope of that provision

(1)  OJ C 224 of 16.9.2006.