Keywords

Summary



Keywords

1. International agreements EEC-Morocco Cooperation Agreement Social security Equal treatment Gradual abolition of a dependant child's allowance Whether permissible Condition

(EC Treaty, Art. 48 (now, after amendment, Article 39 EC; EEC-Morocco Cooperation Agreement Council Regulations Nos 1612/68 and 1408/71)

2. Social security for migrant workers Family benefits Pensioners Benefits payable by the paying Member State to the beneficiary residing in the territory of another Member State Restriction to family allowances within the meaning of Article 1(u)(ii) of Regulation No 1408/71

(Council Regulation No 1408/71; Articles 1(u)(ii), 3(1) and 77)

3. Freedom of movement for persons Workers Equal treatment Social advantages Worker who has ceased his activity in the host Member State and has returned to his State of origin Right to finance for his children's studies on the same conditions as those applied by the host Member State to its nationals No such right

(EC Treaty, Art. 48 (now, after amendment, Article 39 EC); Council Regulation No 1612/68 Art. 7(2))

4. International agreements EEC-Morocco Cooperation Agreement Moroccan workers employed in a Member State Social security Children of a Moroccan worker not residing in the Community Right to rely on the principle of non-discrimination in regard to finance for his children's studies No such right

(EEC-Morocco Cooperation Agreement, Art. 41)

Summary

1. Neither the Cooperation Agreement between the EEC and Morocco nor Article 48 of the Treaty (now, after amendment, Article 39 EC), nor Regulations No 1408/71 and No 1612/68, may be interpreted as meaning that they prevent a Member State from gradually abolishing an allowance for dependent children aged between 18 and 27 years pursuing studies provided that its abolition does not involve discrimination based on nationality.

( see para. 30, and operative part 1 )

2. Neither the rule prohibiting discrimination on the basis of nationality laid down in Article 3(1) of Regulation No 1408/71 nor any other provision of that regulation can be interpreted as meaning that it enables the recipient of a pension who resides outside the territory of the paying Member State to obtain from that Member State dependent child allowances other than family allowances within the meaning of Article 1(u)(ii) of that regulation, such as study finance. Article 77 of that regulation, the specific purpose of which is to define the conditions in which a person in receipt of a pension may claim a dependant child's allowance from the Member State under whose legislation he receives a pension, expressly restricts its scope to family allowances.

( see paras 34-36, and operative part 2 )

3. A national of a Member State who has exercised the right to freedom of movement guaranteed by Article 48 of the Treaty (now, after amendment, Article 39 EC) and has ceased to exercise his occupational activity in the host Member State and returned to his Member State of origin, in which his children also reside, cannot rely on Article 48 or on Article 7(2) of Regulation No 1612/68 in order to obtain from the Member State in which he was employed a right to have his children's studies financed in the same conditions as those applied by that State to its own nationals.

( see para. 51, and operative part 3 )

4. Article 41 of the Cooperation Agreement between the EEC and Morocco must be interpreted as meaning that, where the dependent children of a Moroccan worker do not reside in the Community, neither the Moroccan worker concerned nor his children can rely, in regard to study finance, on the principle of the prohibition of discrimination on the basis of nationality laid down in that provision in relation to social security.

( see para. 58, and operative part 4 )