Keywords
Summary

Keywords

1. Free movement of persons - Worker - Concept - Existence of an employment relationship - Pursuit of genuine and effective activities - Worker undergoing period of occupational training - Whether included

(EEC Treaty, Art. 48; Council Regulation No 1612/68)

2. Free movement of persons - Worker - Concept - Person pursuing studies after completing an occupational activity - Maintenance of the status of worker - Conditions

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

3. Free movement of persons - Workers - Equal treatment - Social advantages - Concept - Assistance awarded to students for maintenance and education - Award to children of a worker who is a national of another Member State - Conditions

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

Summary

1. The concept of worker within the meaning of Article 48 of the Treaty and of Regulation No 1612/68 has a Community meaning and must not be interpreted restrictively. A person is to be regarded as a worker if he carries on genuine and effective activities, to the exclusion of activities which are on such a small scale as to be purely marginal and ancillary. The essential characteristic of the employment relationship is the fact that a person performs services for a given period of time for the benefit and under the direction of another person in return for which he receives remuneration. The fact that the productivity of a trainee is low, that he works only a small number of hours per week and, consequently, receives only a limited remuneration does not preclude the status of worker under the abovementioned provisions from being conferred on a national of a Member State who completes a training period as part of his occupational training in another Member State, where that training period is completed under the conditions of a genuine and effective activity as an employed person.

2. A migrant worker who voluntarily ceases employment in the host country in order to devote himself, after the lapse of a certain period of time, to full-time studies in the country of which he is a national must be regarded as having retained his status as a worker, thus enabling him as such to benefit from Article 7(2) of Regulation No 1612/68, provided, however, that there is a relationship between his previous occupational activity and the studies in question.

3. Study finance granted by a Member State to the children of workers constitues for a migrant worker a social advantage within the meaning of Article 7(2) of Regulation No 1612/68 where the worker continues to support the child. In such a case the child may rely on that provision in order to obtain that finance if, under national law, it is granted directly to the student. The grant of the finance must be subject to the same conditions as are applicable to the children of national workers, and in particular no residence requirement which need not be satisfied by nationals may be laid down.