TO BE ASSESSED IN EACH SPECIFIC CASE . THAT STATUS MUST NOT DEPEND ON THE EXISTENCE OF OBJECTIVE CIRCUMSTANCES INDEPENDENT OF THE WILL OF THE PERSON CONCERNED WHICH MAKE IT NECESSARY FOR HIM TO HAVE RECOURSE TO ANOTHER' S SUPPORT .
18 ACCORDING TO THE NETHERLANDS GOVERNMENT, THE TERM "DEPENDENT" MEANS THAT THE WORKER MUST "WHOLLY OR LARGELY SUPPORT" THE DESCENDANT . IN ITS VIEW, THE CLAIM BY A DESCENDANT FOR THE GRANT OF THE MINIMEX MEANS THAT THAT PERSON IS NO LONGER DEPENDENT ON HIS ASCENDANT AND, CONSEQUENTLY, NO LONGER COMES WITHIN THE SCOPE OF THE DEFINITION IN ARTICLE 10 ( 1 ) OF REGULATION NO 1612/68 .
19 THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY MAINTAINED AT THE HEARING THAT THE STATUS OF DEPENDENT MEMBER OF THE FAMILY PRESUPPOSES NOT ONLY THE EXISTENCE OF A SITUATION IN WHICH THE PERSON CONCERNED IS UNABLE TO SUPPORT HIMSELF BUT ALSO THE EXISTENCE OF A RIGHT TO MAINTENANCE ON THE PART OF THE WORKER HIMSELF .
20 IT MUST BE POINTED OUT, IN THE FIRST PLACE, THAT A CLAIM FOR THE GRANT OF THE MINIMEX SUBMITTED BY A MEMBER OF A MIGRANT WORKER' S FAMILY WHO IS DEPENDENT ON THE WORKER CANNOT AFFECT THE CLAIMANT' S STATUS AS A DEPENDENT MEMBER OF THE WORKER' S FAMILY . TO DECIDE OTHERWISE WOULD AMOUNT TO ACCEPTING THAT THE GRANT OF THE MINIMEX COULD RESULT IN THE CLAIMANT FORFEITING THE STATUS OF DEPENDENT MEMBER OF THE FAMILY AND CONSEQUENTLY JUSTIFY EITHER THE WITHDRAWAL OF THE MINIMEX ITSELF OR EVEN THE LOSS OF THE RIGHT OF RESIDENCE . SUCH A SOLUTION WOULD IN PRACTICE PRECLUDE A DEPENDENT MEMBER OF A WORKER' S FAMILY FROM CLAIMING THE MINIMEX AND WOULD, FOR THAT REASON, UNDERMINE THE EQUAL TREATMENT ACCORDED TO THE MIGRANT WORKER . THE STATUS OF DEPENDENT MEMBER OF A WORKER' S FAMILY SHOULD THEREFORE BE CONSIDERED INDEPENDENTLY OF THE GRANT OF THE MINIMEX .
21 IT MUST BE POINTED OUT, SECONDLY, THAT THE STATUS OF DEPENDENT
MEMBER OF A WORKER' S FAMILY DOES NOT PRESUPPOSE THE EXISTENCE OF A RIGHT TO MAINTENANCE EITHER . IF THAT WERE THE CASE, THE COMPOSITION OF THE FAMILY WOULD DEPEND ON NATIONAL LEGISLATION, WHICH VARIES FROM ONE STATE TO ANOTHER, AND THAT WOULD LEAD TO THE APPLICATION OF COMMUNITY LAW IN A MANNER THAT IS NOT UNIFORM .
22 ARTICLE 10 ( 1 ) AND ( 2 ) OF REGULATION NO 1612/68 MUST BE INTERPRETED AS MEANING THAT THE STATUS OF DEPENDENT MEMBER OF A WORKER' S FAMILY IS THE RESULT OF A FACTUAL SITUATION . THE PERSON HAVING THAT STATUS IS A MEMBER OF THE FAMILY WHO IS SUPPORTED BY THE WORKER AND THERE IS NO NEED TO DETERMINE THE REASONS FOR RECOURSE TO THE WORKER' S SUPPORT OR TO RAISE THE QUESTION WHETHER THE PERSON CONCERNED IS ABLE TO SUPPORT HIMSELF BY TAKING UP PAID EMPLOYMENT .
23 THAT INTERPRETATION IS DICTATED BY THE PRINCIPLE ACCORDING TO WHICH THE PROVISIONS ESTABLISHING THE FREE MOVEMENT OF WORKERS,