THE MATTERS COVERED BY THE REGULATION AND IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY, THE MEMBERS OF AN EMPLOYED PERSON'S FAMILY MUST BE ALLOWED THE BENEFIT OF THE LEGISLATION OF THE STATE OF THEIR RESIDENCE UNDER THE SAME CONDITIONS AS THE NATIONALS OF THAT STATE .
17 CONSEQUENTLY, AS REGARDS THE ENJOYMENT OF RIGHTS UNDER A NATIONAL LEGISLATION PROVIDING BENEFITS FOR THE HANDICAPPED, NEITHER THE EMPLOYED PERSON HIMSELF NOR THE MEMBERS OF HIS FAMILY MAY, AS COMPARED WITH THE NATIONALS OF THE STATE OF THEIR RESIDENCE, BE PLACED IN A LESS FAVOURABLE POSITION FOR THE SOLE REASON THAT THEY DO NOT POSSESS THE NATIONALITY OF THAT STATE .
18 THE TERM MEMBER OF THE FAMILY OF AN EMPLOYED PERSON UNDOUBTEDLY INCLUDES A MINOR CHILD DEPENDENT ON HIS PARENTS, AS IS RECOGNIZED BY THE TRIBUNAL DU TRAVAIL IN ITS ORDER REFERRING THE MATTER .
19 AS REGARDS MORE PARTICULARLY THE CASE OF A HANDICAPPED CHILD WHO FROM HIS MINORITY FULFILS THE CONDITIONS REQUIRED TO BENEFIT AS A MEMBER OF THE EMPLOYED PERSON'S FAMILY FROM BENEFITS TO THE HANDICAPPED, THE EQUALITY OF TREATMENT UNDER ARTICLE 3 OF REGULATION NO 1408/71 CANNOT TERMINATE WHEN HE CEASES TO BE A MINOR, IF THE CHILD BY REASON OF HIS HANDICAP IS PREVENTED FROM HIMSELF ACQUIRING THE STATUS OF EMPLOYED PERSON WITHIN THE MEANING OF THE REGULATION .
20 INDEED, IF THIS WERE NOT THE CASE, A WORKER ANXIOUS TO ENSURE TO HIS CHILD THE LASTING ENJOYMENT OF THE BENEFITS NECESSITATED BY HIS CONDITION AS A HANDICAPPED PERSON, WOULD BE INDUCED NOT TO REMAIN IN THE MEMBER STATE WHERE HE HAS ESTABLISHED HIMSELF AND HAS FOUND HIS EMPLOYMENT, WHICH WOULD RUN COUNTER TO THE OBJECT SOUGHT TO BE ATTAINED BY THE PRINCIPLE OF FREE MOVEMENT OF WORKERS WITHIN THE COMMUNITY, BEARING IN MIND INTER ALIA THE RIGHT RECOGNIZED UNDER THIS PRINCIPLE TO EMPLOYED PERSONS AND TO MEMBERS OF THEIR FAMILIES TO REMAIN WITHIN THE TERRITORY OF A MEMBER STATE IN WHICH THE EMPLOYED PERSON WAS EMPLOYED UNDER THE CONDITIONS DETERMINED BY REGULATION NO 1251/70 OF THE COMMISSION OF 29 JUNE 1970 ( OJ L 142 OF 30 . 6 . 1970, P . 24 ).
21 IN VIEW OF THE FINDING THAT THE PROVISIONS OF REGULATION NO 1408/71 MUST BE INTERPRETED IN THE SENSE INDICATED, IT DOES NOT SEEM NECESSARY TO EXAMINE WHETHER AN ANALOGOUS RESULT MAY BE DERIVED FROM THE PROVISIONS OF REGULATION NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON THE FREE MOVEMENT WITHIN THE COMMUNITY .
Decision on costs
22/23 THE COSTS INCURRED BY THE BELGIAN STATE, THE ITALIAN REPUBLIC AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE AND AS THOSE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE A NATIONAL COURT, COSTS ARE A MATTER FOR THAT COURT .
ON THOSE GROUNDS
Operative part
THE COURT
IN ANSWER TO THE QUESTIONS