ON 24 NOVEMBER 1972, THE TRIBUNAL DU TRAVAIL OF BRUSSELS REFERRED, UNDER ARTICLE 177 OF THE EEC TREATY, THE QUESTION WHETHER THE BENEFITS PROVIDED FOR BY THE BELGIAN LAW OF 16 APRIL 1963 WHICH RELATE TO THE REHABILITATION OF THE HANDICAPPED CONSTITUTE SOCIAL BENEFITS WITHIN THE MEANING OF ARTICLE 7 OF REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ( OJ L 257 OF 19 OCTOBER 1968, P . 2 ) RELATING TO FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY .
2 IT APPEARS FROM THE DOSSIER THAT THIS APPLICATION CONCERNS THE CASE OF A PERSON OF ITALIAN NATIONALITY WHO HAS NEVER HELD THE POSITION OF A WORKER AND WHOSE POSSIBILITIES OF EMPLOYMENT ARE REDUCED BECAUSE OF AN INADEQUACY OR DIMINUTION IN HIS MENTAL CAPACITY . HE IS THE SON OF AN ITALIAN WORKER WHO WAS EMPLOYED IN BELGIUM UNTIL HIS DEATH .
3 BY THE QUESTION WHICH HAS BEEN RAISED IT IS ASKED WHETHER ARTICLE 7 OF REGULATION NO 1612/68 CONFERS ON THIS CHILD THE RIGHT TO TAKE ADVANTAGE, UNDER THE SAME CONDITIONS AS BELGIAN NATIONALS, OF BENEFITS PROVIDED FOR BY THE ABOVE-MENTIONED BELGIAN LAW, WHICH IN PARTICULAR HAS AS ITS OBJECT TO REALIZE OR IMPROVE THE APTITUDE FOR WORK OF THE HANDICAPPED OF BELGIAN NATIONALITY, WHETHER OR NOT THESE PERSONS ARE WORKERS OR THE CHILDREN OF WORKERS .
4 BY ROYAL DECREE OF 29 MAY 1968, THE SCOPE OF THE SAID LAW HAS BEEN EXTENDED, UNDER CERTAIN CONDITIONS, TO PERSONS OF FOREIGN NATIONALITY .
5 WHILST THE COURT, ACTING WITHIN THE FRAMEWORK OF ARTICLE 177, HAS NO JURISDICTION TO APPLY THE COMMUNITY RULE TO A SPECIFIC CASE, NOR, CONSEQUENTLY, TO PRONOUNCE ON A PROVISION OF NATIONAL LAW WITH REGARD TO SUCH RULE, IT CAN HOWEVER PROVIDE A NATIONAL COURT WITH THE FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH COULD BE USEFUL TO IT IN EVALUATING THE EFFECTS OF SUCH PROVISION .
6 BY ARTICLE 7 ( 1 ) OF REGULATION NO 1612/68, " THE WORKER WHO IS A NATIONAL OF A MEMBER STATE, SHALL NOT, WITHIN THE TERRITORY OF OTHER MEMBER STATES, BE TREATED DIFFERENTLY BY REASON OF HIS NATIONALITY FROM THE WORKERS OF THAT STATE, IN RELATION TO ANY CONDITIONS OF WORK AND EMPLOYMENT, IN PARTICULAR IN MATTERS OF REMUNERATION, DISMISSAL, AND REINSTATEMENT IN OCCUPATION OR RE-EMPLOYMENT IF HE BECOMES UNEMPLOYED ".
7 BY VIRTUE OF ARTICLE 7 ( 2 ) AND ( 3 ), THE SAID WORKER WHEN IN THE TERRITORY OF OTHER MEMBER STATES, SHALL ENJOY " THE SAME SOCIAL BENEFITS ... AS THE WORKERS OF THAT STATE " AND " ON THE SAME BASIS AND UNDER THE SAME CONDITIONS AS WORKERS OF THAT STATE, TEACHING AT VOCATIONAL SCHOOLS AND CENTRES OF REHABILITATION AND RETRAINING ".
8 AS IS APPARENT IN PARTICULAR FROM THE USE OF THE EXPRESSIONS " REINSTATEMENT IN OCCUPATION ", " REHABILITATION " AND " RETRAINING ", THE PROVISIONS OF ARTICLE 7 EXTEND TO MEASURES PROVIDED BY NATIONAL LEGISLATION WITH A VIEW TO ALLOWING HANDICAPPED