IN HIS COUNTRY OF ORIGIN ".
3 THE REGULATIONS OF WHICH INTERPRETATION IS REQUESTED ARE BASED UPON ARTICLE 48 OF THE TREATY WHICH, IN ORDER TO ENSURE THE FREE MOVEMENT OF WORKERS WHICH IS ESSENTIAL TO THE COMMON MARKET, PRESCRIBES THE ABOLITION OF ANY DISCRIMINATION BASED ON NATIONALITY BETWEEN WORKERS OF THE MEMBER STATES AS REGARDS EMPLOYMENT, REMUNERATION AND OTHER CONDITIONS OF WORK AND EMPLOYMENT . THIS PROVISION IS SUBJECT TO NO RESERVATIONS OTHER THAN THE RESTRICTION SET OUT IN PARAGRAPH ( 3 ) CONCERNING THE PUBLIC POLICY, PUBLIC SECURITY AND PUBLIC HEALTH . THE COMMUNITY RULES RELATING TO MATTERS OF SOCIAL SECURITY ARE BASED ON THE PRINCIPLE THAT THE LAW OF EACH MEMBER STATE MUST ENSURE THAT NATIONALS OF OTHER MEMBER STATES EMPLOYED WITHIN ITS TERRITORY RECEIVE ALL THE BENEFITS WHICH IT GRANTS TO ITS OWN NATIONALS .
4 THE FULFILMENT BY MIGRANT WORKERS OF AN OBLIGATION FOR MILITARY SERVICE OWED TO THEIR OWN STATE IS LIABLE TO AFFECT THEIR CONDITIONS OF WORK AND EMPLOYMENT IN ANOTHER MEMBER STATE . ARTICLES 6(2 ) AND 7(2 ) OF EEC REGULATION NO 38/64, ARTICLE 5(3 ) OF DIRECTIVE NO 64/240 OF THE COUNCIL AND ARTICLE 6(2 ) OF DIRECTIVE NO 68/360 OF THE COUNCIL PROVIDE FOR THE PROTECTION OF MIGRANT WORKERS AGAINST CERTAIN CONSEQUENCES AFFECTING THEIR CONDITIONS OF WORK AND EMPLOYMENT WHICH MIGHT ARISE FROM THEIR BEING CALLED UP FOR MILITARY SERVICE . THE NATURE OF THESE CONSEQUENCES REMAINS SUBSTANTIALLY THE SAME, WHETHER THE WORKER IS CALLED UP BY THE STATE IN WHICH HE IS EMPLOYED OR BY ANOTHER MEMBER STATE OF WHICH HE IS A NATIONAL .
5 A NATIONAL LAW WHICH IS INTENDED TO PROTECT A WORKER WHO RESUMES HIS EMPLOYMENT WITH HIS FORMER EMPLOYER FROM ANY DISADVANTAGES OCCASIONED BY HIS ABSENCE ON MILITARY SERVICE, BY PROVIDING IN PARTICULAR THAT THE PERIOD SPENT IN THE ARMED FORCES MUST BE TAKEN INTO ACCOUNT IN CALCULATING THE PERIOD OF HIS SERVICE WITH THAT EMPLOYER FALLS WITHIN THE CONTEXT OF CONDITIONS OF WORK AND EMPLOYMENT . SUCH A LAW CANNOT THEREFORE, ON THE BASIS OF ITS INDIRECT CONNEXION WITH NATIONAL DEFENCE, BE EXCLUDED FROM THE AMBIT OF ARTICLE 9(1 ) OF EEC REGULATION NO 38/64 AND ARTICLE 7 OF EEC REGULATION NO 1612/68 ON EQUALITY OF TREATMENT AND PROTECTION FOR MIGRANT WORKERS " IN RESPECT OF ANY CONDITIONS OF EMPLOYMENT AND WORK ".
6 APART FROM THE CASES EXPRESSLY REFERRED TO IN PARAGRAPH ( 3 ), ARTICLE 48 OF THE TREATY DOES NOT ALLOW MEMBER STATES TO MAKE ANY EXCEPTIONS TO THE EQUALITY OF TREATMENT AND PROTECTION REQUIRED BY THE TREATY FOR ALL WORKERS WITHIN THE COMMUNITY BY INDIRECTLY INTRODUCING DISCRIMINATION IN FAVOUR OF THEIR OWN NATIONALS ALONE BASED UPON OBLIGATIONS FOR MILITARY SERVICE . CONSEQUENTLY, AS A RULE OF NATIONAL LAW PROTECTING WORKERS FROM THE UNFAVOURABLE CONSEQUENCES, AS REGARDS CONDITIONS OF WORK AND EMPLOYMENT IN AN UNDERTAKING, ARISING OUT OF ABSENCE THROUGH OBLIGATIONS FOR MILITARY SERVICE MUST ALSO BE APPLIED TO THE NATIONALS OF OTHER MEMBER STATES EMPLOYED IN THE TERRITORY