11 DECEMBER 1953 ON SOCIAL SECURITY SCHEMES IN RESPECT OF OLD AGE , INVALIDITY AND SURVIVORS . ARTICLE 2 ( 1 ) ( B ) OF THAT AGREEMENT LAYS DOWN , WITH REGARD TO NON-NATIONALS , A CONDITION REQUIRING 15 YEARS ' RESIDENCE IN THE TERRITORY OF THE STATE WHERE THEY WISH TO BE PAID BENEFITS PROVIDED FOR UNDER A NON-CONTRIBUTORY SCHEME . MRS FRASCOGNA FAILED TO COMPLY WITH THAT REQUIREMENT .
6 ON 10 JUNE 1982 MRS FRASCOGNA BROUGHT AN ACTION BEFORE THE APPEALS BOARD AGAINST THE DECISION OF THE CAISSE DES DEPOTS ET CONSIGNATIONS REJECTING HER APPLICATION . IN SUPPORT OF HER ACTION SHE CONTENDED THAT THE RESIDENCE REQUIREMENT LAID DOWN BY THE INTERIM AGREEMENT WAS CONTRARY TO REGULATION NO 1408/71 .
7 THAT ARGUMENT LED THE APPEALS BOARD TO ASK THE COURT WHETHER ' THE PROVISIONS OF THE EUROPEAN INTERIM AGREEMENT ( WERE ) COMPATIBLE WITH REGULATION NO 1408/71 OF THE COUNCIL ' .
8 WRITTEN OBSERVATIONS WERE SUBMITTED BY MRS FRASCOGNA , BY THE CAISSE DES DEPOTS ET CONSIGNATIONS , BY THE COMMISSION OF THE EUROPEAN COMMUNITIES AND BY THE ITALIAN GOVERNMENT .
9 MRS FRASCOGNA CONSIDERS THAT SHE FALLS WITHIN THE SCOPE RATIONE PERSONAE OF REGULATION NO 1408/71 BECAUSE SHE IS A MEMBER OF THE FAMILY OF A WORKER WITHIN THE MEANING OF ARTICLE 2 ( 1 ) THEREOF . THE BENEFIT AT ISSUE FALLS WITHIN THE SCOPE OF REGULATION NO 1408/71 SINCE FRANCE INCLUDED IT IN THE DECLARATION PROVIDED FOR BY ARTICLE 5 OF THE REGULATION . THE RESIDENCE REQUIREMENT LAID DOWN BY THE INTERIM AGREEMENT IS THEREFORE CONTRARY TO THE PRINCIPLE LAID DOWN IN ARTICLE 3 OF REGULATION NO 1408/71 , NAMELY THAT A MEMBER STATE SHOULD ACCORD TO NATIONALS OF OTHER MEMBER STATES THE SAME TREATMENT AS IT ACCORDS TO ITS OWN NATIONALS .
10 THE CAISSE DES DEPOTS ET CONSIGNATIONS CONSIDERS THAT THE SPECIAL OLD-AGE ALLOWANCE IS IN THE NATURE OF ASSISTANCE AND IS THEREFORE NOT COVERED BY REGULATION NO 1408/71 .
11 THE COMMISSION ALSO TAKES THE VIEW THAT THE ALLOWANCE FALLS OUTSIDE THE SCOPE OF REGULATION NO 1408/71 SINCE IT IS NOT INTENDED TO SUPPLEMENT A SOCIAL SECURITY BENEFIT .
12 FINALLY , THE ITALIAN GOVERNMENT CONSIDERS THAT THE ALLOWANCE FALLS WITHIN THE SCOPE OF REGULATION NO 1408/71 AND THAT THEREFORE THE RESIDENCE REQUIREMENT LAID DOWN BY THE INTERIM AGREEMENT IS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT LAID DOWN IN THAT REGULATION .
13 IT MUST BE RECALLED THAT THE COURT HAS ALREADY HELD , IN ITS JUDGMENT OF 28 MAY 1974 ( CASE 187/73 CALLEMEYN V BELGIAN STATE ( 1974 ) ECR 553 ), THAT ' WITHIN ITS FIELD OF APPLICATION ... REGULATION NO 1408/71 TAKES PRECEDENCE OVER THE EUROPEAN INTERIM AGREEMENT ON SOCIAL SECURITY SCHEMES IN RESPECT OF OLD AGE , INVALIDITY AND SURVIVORS . . . TO THE EXTENT THAT THIS REGULATION IS MORE FAVOURABLE THAN THE SAID AGREEMENT FOR THOSE ENTITLED ' . IF IT IS APPLICABLE IN THIS CASE , REGULATION NO 1408/71