THAT THEIR PARENTS FULFIL THE CONDITIONS AT THE TIME WHEN THE SCHEME INSTITUTED BY THE BELGIAN LAW BECOMES APPLICABLE REMAIN ENTITLED TO BENEFIT AT THE VARIOUS STAGES OF ATTAINING THEIR MAJORITY, WITHOUT AT THAT TIME HAVING PERSONALLY TO FULFIL THE CONDITIONS AS TO RESIDENCE REQUIRED UP TO THAT TIME OF THEIR PARENTS .
9 THE CORRECT APPROACH TO THE QUESTIONS ASKED IS TO EXAMINE THE PROBLEMS OF INTERPRETATION RELATING TO REGULATION NO 1408/71 WITHIN THE FRAMEWORK OF ARTICLES 2, 7 AND 51 OF THE TREATY WHICH FORM ITS BASIS .
10 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 THE NATIONAL COURT WITH THE FACTORS OF INTERPRETATION DEPENDING ON COMMUNITY LAW WHICH COULD BE USEFUL TO IT IN EVALUATING THE EFFECTS OF SUCH PROVISION .
11 IN ITS JUDGMENT OF 13 NOVEMBER 1974 IN CASE 39/74 (( 1974 ) ECR 1251 ) THE COURT FOUND THAT 'A NATIONAL LEGISLATION GIVING A LEGALLY PROTECTED RIGHT TO A BENEFIT FOR THE HANDICAPPED FALLS, AS REGARDS THE PERSONS COVERED BY REGULATION NO 3, WITHIN THE AREA OF SOCIAL SECURITY WITHIN THE MEANING OF ARTICLE 51 OF THE TREATY AND OF THE COMMUNITY REGULATIONS THEREUNDER '.
12 SINCE REGULATION NO 3 WAS REPLACED BY REGULATION NO 1408/71 OF THE COUNCIL, THE SAME INTERPRETATION APPLIES TO THE PROVISIONS OF THE LATTER REGULATION TO THE EXTENT THAT THEY DETERMINE THE MATTERS COVERED BY THAT REGULATION .
13 ACCORDING TO THE FIFTH RECITAL IN THE PREAMBLE, THE PROVISIONS OF REGULATION NO 1408/71 'FALL WITHIN THE FRAMEWORK OF FREEDOM OF MOVEMENT FOR WORKERS WHO ARE NATIONALS OF MEMBER STATES AND SHOULD, TO THIS END, CONTRIBUTE TOWARDS THE IMPROVEMENT OF THEIR STANDARD OF LIVING AND CONDITIONS OF EMPLOYMENT, BY GUARANTEEING WITHIN THE COMMUNITY FIRSTLY EQUALITY OF TREATMENT FOR ALL NATIONALS OF MEMBER STATES UNDER THE VARIOUS NATIONAL LEGISLATIONS AND SECONDLY SOCIAL SECURITY BENEFITS FOR WORKERS AND THEIR DEPENDANTS REGARDLESS OF THEIR PLACE OF EMPLOYMENT OR OF RESIDENCE '.
14 AS REGARDS THE PERSONS COVERED BY REGULATION NO 1408/71, ARTICLE 2 ( 1 ) THEREOF PROVIDES THAT THE REGULATION 'SHALL APPLY TO WORKERS WHO ARE OR HAVE BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE MEMBER STATES AND WHO ARE NATIONALS OF ONE OF THE MEMBER STATES ... AS ALSO TO THE MEMBERS OF THEIR FAMILIES AND THEIR SURVIVORS '.
15 ARTICLE 3 ( 1 ), SUPPORTING THE FUNDAMENTAL PRINCIPLE OF EQUALITY OF TREATMENT, PROVIDES THAT 'SUBJECT TO THE SPECIAL PROVISIONS OF THIS REGULATION, PERSONS RESIDENT IN THE TERRITORY OF ONE OF THE MEMBER STATES TO WHOM THIS REGULATION APPLIES SHALL BE SUBJECT TO THE SAME OBLIGATIONS AND ENJOY THE SAME BENEFITS UNDER THE LEGISLATION OF ANY MEMBER STATE AS THE NATIONALS OF THAT STATE '.
16 IT APPEARS FROM THIS PROVISION READ IN CONJUNCTION WITH ARTICLE 2 ( 1 ) THAT IN THE FRAMEWORK OF