CELEX: 61990CJ0326
Free movement of workers
Social security
Residence requirement

Grounds
1 By application lodged at the Court Registry on 23 October 1990, the Commission of the European Communities brought an action under Article 169 of the EEC Treaty for a declaration that, by maintaining the requirement of a period of residence on Belgian territory which workers from other Member States subject to Belgian legislation must fulfil in order to qualify for the grant of the allowances for handicapped persons, the guaranteed income for old people and the minimum means of subsistence (minimex), the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty and, in particular, Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968 (II), p. 475) and Article 3 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6).
2 The defendant Government does not deny that, at the end of the period fixed by the reasoned opinion, it had not brought its legislation into conformity with the regulations in question.
3 A declaration of failure to fulfil obligations must therefore be granted in the terms sought by the Commission.
Decision on costs
Costs
4 Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs. Since the Kingdom of Belgium has been unsuccessful, it must be ordered to pay the costs.
Operative part
On those grounds,
THE COURT
hereby:
1. Declares that, by maintaining the requirement of a period of residence on Belgian territory which workers from other Member States subject to Belgian legislation must fulfil in order to qualify for the grant of the allowances for handicapped persons, the guaranteed income for old people and the minimum means of subsistence (minimex), the Kingdom of Belgium has failed to fulfil its obligations under the EEC Treaty and, in particular, Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community and Article 3 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983;
2. Orders the Kingdom of Belgium to pay the costs.