EXTENDS TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES ARE ALL THOSE WHICH , WHETHER OR NOT 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 THE EXTENSION OF WHICH TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS SUITABLE TO FACILITATE THEIR MOBILITY WITHIN THE COMMUNITY .
4 . A BENEFIT BASED ON A SCHEME OF NATIONAL RECOGNITION , ( SUCH AS THE BENEFIT GRANTED BY THE BELGIAN ROYAL DECREE OF 27 JUNE 1969 ), CANNOT BE CONSIDERED AS AN ADVANTAGE GRANTED TO A NATIONAL WORKER BY REASON PRIMARILY OF HIS STATUS OF WORKER OR RESIDENT ON THE NATIONAL TERRITORY AND FOR THAT REASON DOES NOT FULFIL THE ESSENTIAL CHARACTERISTICS OF THE ' ' SOCIAL ADVANTAGES ' ' REFERRED TO IN ARTICLE 7 ( 2 ) OF REGULATION ( EEC ) NO 1612/68 .
IT DOES NOT THEREFORE COME WITHIN THE SUBSTANTIVE FIELD OF APPLICATION OF THAT REGULATION AND IS NOT THEREFORE , AS REGARDS THE CONDITIONS FOR THE GRANT OF THAT BENEFIT , SUBJECT TO THE PROVISIONS OF THE LATTER .
Parties
IN CASE 207/78
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR DU TRAVAIL , LIEGE , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
MINISTERE PUBLIC
AND
( 1 ) GILBERT EVEN , RESIDING AT HERSTAL ;
( 2 ) OFFICE NATIONAL DES PENSIONS POUR TRAVAILLEURS SALARIES ( O.N.P.T.S .), BRUSSELS ,
Subject of the case
ON THE INTERPRETATION OF CERTAIN PROVISIONS OF REGULATION NO 1408/71 , IN PARTICULAR THOSE OF ARTICLES 3 ( 1 ) AND 4 ( 4 ),
Grounds
1BY JUDGMENT OF 8 SEPTEMBER 1978 , RECEIVED AT THE COURT ON 21 SEPTEMBER 1978 , THE COUR DU TRAVAIL , LIEGE , SUBMITTED TO THE COURT SEVERAL QUESTIONS FOR A PRELIMINARY RULING ON THE INTERPRETATION OF THE PROVISIONS OF ARTICLES 3 AND 4 OF REGULATION ( EEC ) NO 1408/71 OF THE COUNCIL ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY .
2THESE QUESTIONS HAVE BEEN RAISED WITHIN THE CONTEXT OF A DISPUTE BETWEEN THE OFFICE NATIONAL DES PENSIONS POUR TRAVAILLEURS SALARIES ( HEREINAFTER REFERRED TO AS ' ' THE O.N.P.T.S . ' ' ), BRUSSELS , AND A FRENCH NATIONAL WHO HAS BEEN IN RECEIPT OF AN EARLY RETIREMENT PENSION PAID BY THE O.N.P.T.S . SINCE REACHING 60 YEARS OF AGE .
3PURSUANT TO ARTICLE 5 OF THE BELGIAN ROYAL DECREE NO 50 OF 24 OCTOBER 1967 , THE RETIREMENT PENSION , PAID AT THE NORMAL RATE AT 65 YEARS OF AGE , MAY START TO RUN AT THE CHOICE AND UPON THE REQUEST OF THE PERSON CONCERNED DURING THE PERIOD OF 5 YEARS PRECEDING THE NORMAL PENSION AGE BUT IN THAT CASE IT IS REDUCED BY 5% PER YEAR OF EARLY PAYMENT