Keywords
Summary

Keywords

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1 . REFERENCE FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - LIMITS

( EEC TREATY, ARTICLE 177 )

2 . SOCIAL SECURITY OF MIGRANT WORKERS - FAMILY OF THE WORKER - MEMBERS - COUNTRY OF RESIDENCE - LEGISLATION - TREATMENT ON AN EQUAL BASIS WITH NATIONALS

( REGULATION NO 1408/71 OF THE COUNCIL, ARTICLS 2 ( 1 ) AND 3 ( 1 ))

3 . SOCIAL SECURITY OF MIGRANT WORKERS - HANDICAPPED CHILD OF A WORKER - BENEFITS UNDER THE LEGISLATION OF THE COUNTRY OF RESIDENCE - ENTITLEMENT - TREATMENT ON AN EQUAL BASIS WITH NATIONALS - DURATION - EXTENSION BEYOND MINORITY

( REGULATION NO 1408/71 OF THE COUNCIL, PREAMBLE, FIFTH RECITAL, ARTICLES 2 ( 1 ) AND 3 ( 1 ))

Summary

1 . WHILST THE COURT, ACTING WITHIN THE FRAMEWORK OF ARTICLE 177, HAS NO JURISDICTION TO APPLY THE COMMUNITY RULE TO A SPECIFIC CASE, NOR, CONSEQUENTLY, TO PRONOUNCE ON A PROVISION OF NATIONAL LAW WITH REGARD TO SUCH RULE, IT CAN HOWEVER PROVIDE THE NATIONAL COURT WITH THE FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH COULD BE USEFUL TO IT IN EVALUATING THE EFFECTS OF SUCH PROVISION .

2 . IT APPEARS FROM ARTICLE 3 ( 1 ) OF REGULATION NO 1408/71, READ IN CONJUNCTION WITH ARTICLE 2 ( 1 ), THAT IN THE FRAMEWORK OF THE MATTERS COVERED BY THE REGULATION AND IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY, THE MEMBERS OF AN EMPLOYED PERSON'S FAMILY MUST BE ALLOWED THE BENEFIT OF THE LEGISLATION OF THE STATE OF THEIR RESIDENCE UNDER THE SAME CONDITIONS AS THE NATIONALS OF THAT STATE .

3 . IF A HANDICAPPED CHILD WHO BY REASON OF HIS HANDICAP IS PREVENTED FROM HIMSELF ACQUIRING THE STATUS OF A WORKER WITHIN THE MEANING OF REGULATION NO 1408/71 FULFILS FROM HIS MINORITY THE CONDITIONS REQUIRED IN ORDER TO BE ENTITLED AS A MEMBER OF A WORKER'S FAMILY TO BENEFITS FOR THE HANDICAPPED, THE EQUALITY OF TREATMENT CANNOT CEASE AT THE END OF HIS MINORITY .