# C_2006224EN.01002101.xml

| 16.9.2006 | EN | Official Journal of the European Union | C 224/21 |
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16.9.2006

EN

Official Journal of the European Union

C 224/21

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Reference for a preliminary ruling from the Tribunal du travail de Verviers (Belgium) lodged on 26 June 2006 — Mamate El Youssfi v Office National des Pensions

(Case C-276/06)

(2006/C 224/39)

Language of the case: French

Referring court

Tribunal du travail de Verviers

Parties to the main proceedings

Applicant: Mamate El Youssfi

Applicant:

Defendant: Office National des Pensions

Defendant:

Question referred

Is a refusal to grant statutory Guaranteed Income to Elderly Persons on the ground that:

| — | (a) Regulation (EEC) No 1408/71 of the Council of the European Communities of 14 June 1971 does not apply to the applicant (1); |
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(a) Regulation (EEC) No 1408/71 of the Council of the European Communities of 14 June 1971 does not apply to the applicant (1);

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| — | (b) the applicant is not a recognised stateless person or a refugee; |
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(b) the applicant is not a recognised stateless person or a refugee;

| — | (c) the applicant is not a national of a country with which Belgium has concluded a reciprocal convention on guaranteed income or in relation to which it has recognised that de facto reciprocity exists; or that |
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(c) the applicant is not a national of a country with which Belgium has concluded a reciprocal convention on guaranteed income or in relation to which it has recognised that de facto reciprocity exists; or that

| — | (d) the applicant is not entitled to any retirement or survivor's pension under a Belgian scheme, |
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(d) the applicant is not entitled to any retirement or survivor's pension under a Belgian scheme,

the result of:

| — | (1) too restrictive an interpretation of Regulation (EC) No 883/2004 of 29 April 2004 (2) (replacing Regulation (EEC) No 1408/71 of 14 June 1971), in particular in the light of Article 14 of the ECHR, Article 1 of the First Protocol thereto and Regulation (EC) No 859/2003 of 14 May 2003 (3);
  or, if that is not the case, |
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(1) too restrictive an interpretation of Regulation (EC) No 883/2004 of 29 April 2004 (2) (replacing Regulation (EEC) No 1408/71 of 14 June 1971), in particular in the light of Article 14 of the ECHR, Article 1 of the First Protocol thereto and Regulation (EC) No 859/2003 of 14 May 2003 (3);

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or, if that is not the case,

| — | (2) an interpretation of Regulation (EC) No 883/2004 that is incompatible with the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco, signed at Rabat on 27 April 1976 and approved on behalf of the Community by Council Regulation (EEC) No 2211/78 of 26 September 1978 (OJ 1978 L 264, p. 1) (4), as supplemented by the EC-Morocco Agreement of 26 February 1996 (OJ L 70 of 18 March 2000)? |
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(2) an interpretation of Regulation (EC) No 883/2004 that is incompatible with the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco, signed at Rabat on 27 April 1976 and approved on behalf of the Community by Council Regulation (EEC) No 2211/78 of 26 September 1978 (OJ 1978 L 264, p. 1) (4), as supplemented by the EC-Morocco Agreement of 26 February 1996 (OJ L 70 of 18 March 2000)?

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(1)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ 1971 L 149, p. 2).

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(2)  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).

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(3)  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).

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(4)  Council Regulation (EEC) No 2211/78 of 26 September 1978 concerning the conclusion of the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco (OJ 1978 L 264, p. 1).

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