THE TREATY AND WITHIN THE CONTEXT OF THE MEASURES ADOPTED BY REGULATION NO 38/64 OF THE COUNCIL OF 25 MARCH 1964 ( JOURNAL OFFICIEL 1964 , NO 62 , P . 965 ), AIMS TO ACHIEVE FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY .
21FOR THIS PURPOSE IT PROVIDES FOR THE ABOLITION OF ALL DIFFERENCES IN TREATMENT BETWEEN NATIONAL WORKERS AND WORKERS WHO ARE NATIONALS OF THE OTHER MEMBER STATES AS REGARDS CONDITIONS OF EMPLOYMENT , WORK AND REMUNERATION AND GIVES WORKERS WHO ARE NATIONALS OF THE OTHER MEMBER STATES AND MEMBERS OF THEIR FAMILY ACCESS TO THE SOCIAL AND TAX ADVANTAGES FROM WHICH NATIONAL WORKERS BENEFIT IN THE STATE OF EMPLOYMENT .
22IT FOLLOWS FROM ALL ITS PROVISIONS AND FROM THE OBJECTIVE PURSUED THAT THE ADVANTAGES WHICH THIS REGULATION 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 .
23AS IT HAS PREVIOUSLY BEEN STATED , THE MAIN REASON FOR A BENEFIT SUCH AS THAT GRANTED BY THE BELGIAN NATIONAL LEGISLATION IN QUESTION TO CERTAIN CATEGORIES OF NATIONAL WORKERS IS THE SERVICES WHICH THOSE IN RECEIPT OF THE BENEFIT HAVE RENDERED IN WARTIME TO THEIR OWN COUNTRY AND ITS ESSENTIAL OBJECTIVE IS TO GIVE THOSE NATIONALS AN ADVANTAGE BY REASON OF THE HARDSHIPS SUFFERED FOR THAT COUNTRY .
24SUCH A BENEFIT , WHICH IS BASED ON A SCHEME OF NATIONAL RECOGNITION , CANNOT THEREFORE 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 .
25IT THEREFORE FOLLOWS THAT THE BENEFIT IN QUESTION DOES NOT COME WITHIN THE SUBSTANTIVE FIELD OF APPLICATION OF REGULATION ( EEC ) NO 1612/68 AND IS NOT THEREFORE , AS REGARDS THE CONDITIONS FOR THE GRANT OF THAT BENEFIT , SUBJECT TO THE PROVISIONS OF THAT REGULATION .
Decision on costs
COSTS
26THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE ; AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ( FIRST CHAMBER ),
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COUR DU TRAVAIL , LIEGE , BY