THE COMMUNITY EMPLOYER ASSIGNS A WORKER TO A TEMPORARY POSTING OUTSIDE THE COMMUNITY .
6 IN ITS JUDGMENT OF 12 DECEMBER 1974 ( CASE 36/74 WALRAVE V UNION CYCLISTE INTERNATIONALE ( 1974 ) ECR 1405 ), IN WHICH ONE OF THE QUESTIONS WAS WHETHER OR NOT IT WAS IMPORTANT THAT THE ACITIVITIES AT ISSUE WERE CARRIED OUT PARTLY OUTSIDE THE TERRITORY OF THE COMMUNITY , THE COURT RULED THAT THE PRINCIPLE OF NON-DISCRIMINATION AS LAID DOWN , INTER ALIA , IN ARTICLE 48 OF THE TREATY AND IN THE AFOREMENTIONED REGULATION NO 1612/68 APPLIED IN JUDGING ALL LEGAL RELATIONSHIPS IN SO FAR AS THOSE RELATIONSHIPS , BY REASON EITHER OF THE PLACE WHERE THEY WERE ENTERED INTO OR OF THE PLACE WHERE THEY TOOK EFFECT , COULD BE LOCATED WITHIN THE TERRITORY OF THE COMMUNITY . IT FOLLOWS THAT ACTIVITIES TEMPORARILY CARRIED ON OUTSIDE THE TERRITORY OF THE COMMUNITY ARE NOT SUFFICIENT TO EXCLUDE THE APPLICATION OF THAT PRINCIPLE , AS LONG AS THE EMPLOYMENT RELATIONSHIP RETAINS A SUFFICIENTLY CLOSE LINK WITH THAT TERRITORY .
7 IN A CASE SUCH AS THIS , A LINK OF THAT KIND CAN BE FOUND IN THE FACT THAT THE COMMUNITY WORKER WAS ENGAGED BY AN UNDERTAKING ESTABLISHED IN ANOTHER MEMBER STATE AND , FOR THAT REASON , WAS INSURED UNDER THE SOCIAL SECURITY SCHEME OF THAT STATE , AND IN THE FACT THAT HE CONTINUED TO WORK ON BEHALF OF THE COMMUNITY UNDERTAKING EVEN DURING HIS POSTING TO A NON-MEMBER COUNTRY .
8 BY VIRTUE OF ARTICLE 7 ( 2 ) OF THE AFOREMENTIONED REGULATION NO 1612/68 , THE PRINCIPLE OF NON-DISCRIMINATION ALSO APPLIES TO THE SOCIAL ADVANTAGES ENJOYED BY WORKERS . EVEN THOUGH THAT PROVISION IS STATED TO REFER TO THE ADVANTAGES ENJOYED BY COMMUNITY NATIONALS IN THE TERRITORY OF THE OTHER MEMBER STATES , IT MUST BE INTERPRETED , IN THE LIGHT OF THE DECISION OF THE COURT CITED ABOVE , AS ALSO APPLYING TO A SITUATION SUCH AS THAT DESCRIBED ABOVE .
9 CONSEQUENTLY , WHEN THE SOCIAL SECURITY AUTHORITIES OF THE MEMBER STATE IN WHICH AN EMPLOYER IS ESTABLISHED APPLY THEIR NATIONAL LEGISLATION IN CIRCUMSTANCES SUCH AS THOSE OF THE PRESENT CASE , THEY MUST DISREGARD ANY PROVISION WHICH LEADS TO DISCRIMINATION AGAINST WORKERS WHO ARE NATIONALS OF ANOTHER MEMBER STATE .
10 THE ANSWER TO THE QUESTION SUBMITTED MUST THEREFORE BE THAT THE PROVISIONS OF COMMUNITY LAW CONCERNING THE FREE MOVEMENT OF WORKERS WITHIN THE COMMUNITY , IN PARTICULAR THE PROVISIONS OF REGULATION NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 , MUST BE INTERPRETED AS MEANING THAT THE PRINCIPLE OF NON-DISCRIMINATION APPLIES TO THE CASE OF A NATIONAL OF A MEMBER STATE WHO IS EMPLOYED BY AN UNDERTAKING OF ANOTHER MEMBER STATE EVEN DURING A PERIOD IN WHICH THE EMPLOYEE TEMPORARILY WORKS OUTSIDE THE TERRITORY OF THE COMMUNITY FOR THAT COMMUNITY UNDERTAKING , AND THAT IN CONNECTION WITH THE APPLICATION OF THE NATIONAL PROVISIONS OF THE MEMBER STATE IN WHICH THAT UNDERTAKING IS ESTABLISHED CONCERNING THE