MINIMUM MEANS OF SUBSISTENCE (" THE MINIMEX ") PROVIDED FOR BY THE BELGIAN LAW OF 7 AUGUST 1974 .
3 MRS LEBON, A FRENCH NATIONAL, LIVES IN BELGIUM WITH HER FATHER, WHO IS ALSO A FRENCH NATIONAL AND WHO IS IN RECEIPT OF A RETIREMENT PENSION IN BELGIUM . AS IS CLEAR FROM THE DOCUMENTS BEFORE THE COURT, MRS LEBON HAS ALWAYS LIVED IN BELGIUM, EXCEPT FOR THE PERIOD FROM 1979 TO 1981 DURING WHICH SHE WORKED IN FRANCE .
4 SINCE 3 MAY 1982 MRS LEBON HAS BEEN IN RECEIPT OF THE MINIMEX, PAYMENT OF WHICH WAS DISCONTINUED BY DECISION OF THE COURCELLES CENTRE OF 17 NOVEMBER 1982 ON THE GROUND OF LACK OF EVIDENCE THAT SHE WAS LOOKING FOR WORK . IN DECEMBER 1982 MRS LEBON WAS ADMITTED TO HOSPITAL IN NAMUR AND, FROM 28 JANUARY 1983 UNTIL 28 OCTOBER 1983, SHE WAS TREATED IN LIEGE WHERE SHE WAS GIVEN ACCOMMODATION DURING THE WEEK, RETURNING TO
COURCELLES ONLY ON PUBLIC HOLIDAYS AND AT WEEKENDS .
5 ON 31 MARCH 1983 MRS LEBON SUBMITTED A FRESH CLAIM FOR THE GRANT OF THE MINIMEX, WHICH WAS REJECTED BY THE COURCELLES CENTRE ON THE GROUND THAT SHE WAS RESIDING IN A HOSTEL IN LIEGE . MRS LEBON BROUGHT AN ACTION CHALLENGING THAT DECISION BEFORE THE TRIBUNAL DU TRAVAIL ( LABOUR TRIBUNAL ), CHARLEROI, WHICH HELD THAT THE COURCELLES CENTRE WAS TERRITORIALLY COMPETENT TO DEAL WITH HER CLAIM .
6 ON APPEAL BY THE COURCELLES CENTRE, THE COUR DU TRAVAIL, MONS, DECIDED THAT THE PUBLIC SOCIAL WELFARE CENTRE IN LIEGE WAS TERRITORIALLY COMPETENT AND CONSIDERED IT NECESSARY TO REFER TO THE COURT THE FOLLOWING QUESTIONS :
"( 1 ) WHERE A NATIONAL OF A MEMBER STATE OF THE EUROPEAN ECONOMIC COMMUNITY HAS SETTLED WITH HIS FAMILY WITHIN THE TERRITORY OF ANOTHER MEMBER STATE AND REMAINS THERE AFTER HAVING OBTAINED A RETIREMENT PENSION, DO HIS DESCENDANTS WHO WERE LIVING WITH HIM RETAIN THE RIGHT TO EQUALITY OF TREATMENT GRANTED BY REGULATION NO 1612/68 WHEN THEY HAVE REACHED THE AGE OF MAJORITY, ARE NO LONGER DEPENDENT UPON HIM AND DO NOT HAVE THE STATUS OF WORKERS?
( 2 ) IF SO, DO SUCH DESCENDANTS CONTINUE TO RETAIN THAT RIGHT WHERE THEY NO LONGER LIVE WITH THE MIGRANT WORKER AND HAVE RETURNED TO THE MEMBER STATE OF WHICH THEY ARE NATIONALS AND HAVE LIVED THERE INDEPENDENTLY FOR A CERTAIN PERIOD, EITHER FOR MORE THAN ONE YEAR OR FOR MORE THAN TWO YEARS ( SEE
ARTICLE 5 OF REGULATION NO 1251/70 )?
( 3 ) IF NOT, DOES THE STATUS OF A 'DEPENDENT MEMBER OF A WORKER' S FAMILY' RESULT FROM A FACTUAL SITUATION, TO BE ASSESSED IN EACH SPECIFIC CASE, OR FROM OBJECTIVE CIRCUMSTANCES INDEPENDENT OF THE WILL OF THE PERSON CONCERNED WHICH MAKE IT NECESSARY FOR HIM TO HAVE RECOURSE TO THE SUPPORT OF THE WORKER?
( 4 ) IF NOT, IN ORDER THAT A NATIONAL OF A MEMBER STATE MAY RELY ON HIS STATUS AS A WORKER IN ORDER TO ENTER AND ESTABLISH