LINKED TO A CONTRACT OF EMPLOYMENT , ARE GENERALLY GRANTED TO NATIONAL WORKERS PRIMARILY BECAUSE OF THEIR OBJECTIVE STATUS AS WORKERS OR BY VIRTUE OF THE MERE FACT OF THEIR RESIDENCE ON THE NATIONAL TERRITORY AND WHOSE EXTENSION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS LIKELY TO FACILITATE THE MOBILITY OF SUCH WORKERS WITHIN THE COMMUNITY ' .
21 THUS , AS THE COURT HAS ALREADY HELD IN ITS JUDGMENT OF 12 JULY 1984 ( CASE 261/83 CASTELLI V OFFICE NATIONAL DES PENSIONS POUR TRAVAILLEURS SALARIES ( ONPTS ) ( 1984 ) ECR 3199 ), THE TERM ' SOCIAL ADVANTAGE ' WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 INCLUDES THE INCOME GUARANTEED TO OLD PEOPLE BY THE LEGISLATION OF A MEMBER STATE .
22 IT MUST THEREFORE BE CONCLUDED THAT THE SPECIAL OLD-AGE ALLOWANCE GRANTED TO OLD PERSONS WHOSE INCOME IS INSUFFICIENT FALLS WITHIN THE SCOPE OF REGULATION NO 1612/68 .
23 IT FOLLOWS FROM THE COURT ' S PREVIOUS DECISIONS THAT THE FUNDAMENTAL PRINCIPLE OF NON-DISCRIMINATION IN THE SPHERE OF THE FREE MOVEMENT OF PERSONS , LAID DOWN IN ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 , PROHIBITS ANY DISCRIMINATION AGAINST THE RELATIVES IN THE ASCENDING LINE OF A WORKER FROM ANOTHER MEMBER STATE WHERE THOSE RELATIVES HAVE EXERCISED THE RIGHT CONFERRED UPON THEM UNDER ARTICLE 10 OF REGULATION NO 1612/68 TO INSTALL THEMSELVES WITH THE WORKER .
24 CONSEQUENTLY , A REQUIREMENT THAT RELATIVES IN THE ASCENDING LINE OF WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES MUST HAVE RESIDED IN THE TERRITORY OF A MEMBER STATE FOR A SPECIFIED NUMBER OF YEARS CONSTITUTES DISCRIMINATION CONTRARY TO ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 , IF THAT REQUIREMENT IS NOT ALSO IMPOSED ON RELATIVES IN THE ASCENDING LINE OF WORKERS WHO ARE NATIONALS OF THAT MEMBER STATE .
25 IN REPLY TO THE QUESTION REFERRED TO THE COURT IT MUST THEREFORE BE HELD THAT THE GRANT OF A SPECIAL OLD-AGE ALLOWANCE WHICH GUARANTEES A MINIMUM INCOME TO OLD PERSONS UNDER CONDITIONS SUCH AS THOSE LAID DOWN BY THE NATIONAL LAW APPLICABLE TO THE MAIN PROCEEDINGS CONSTITUTES A SOCIAL ADVANTAGE WITHIN THE MEANING OF REGULATION NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 AND THAT ARTICLE 7 ( 2 ) OF THAT REGULATION MUST BE INTERPRETED TO THE EFFECT THAT THE GRANT OF SUCH A SOCIAL ADVANTAGE MAY NOT BE MADE SUBJECT TO A CONDITION REQUIRING ACTUAL RESIDENCE IN THE TERRITORY OF A MEMBER STATE FOR A SPECIFIED NUMBER OF YEARS IF SUCH A CONDITION IS NOT LAID DOWN IN RESPECT OF NATIONALS OF THAT MEMBER STATE .
Decision on costs
COSTS
26 THE COSTS INCURRED BY THE ITALIAN GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP