ANY CONDITIONS OF EMPLOYMENT AND WORK , IN PARTICULAR AS REGARDS REMUNERATION , DISMISSAL , AND SHOULD HE BECOME UNEMPLOYED , REINSTATEMENT OR RE-EMPLOYMENT .
( 2)HE SHALL ENJOY THE SAME SOCIAL AND TAX ADVANTAGES AS NATIONAL WORKERS . '
20 AS THE COURT HAS STATED IN A NUMBER OF DECISIONS , IT FOLLOWS FROM THAT REGULATION AS A WHOLE AND FROM THE OBJECTIVE PURSUED THAT THE ADVANTAGES WHICH THAT 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 WHOSE EXTENSION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES THEREFORE SEEMS LIKELY TO FACILITATE THE MOBILITY OF SUCH WORKERS WITHIN THE COMMUNITY .
21 FOR INSTANCE , THE COURT ADOPTED THAT REASONING IN ITS JUDGMENT OF 12 JULY 1984 ( CASE 261/83 CASTELLI V ONPTS ( 1984 ) ECR 3199 ), IN WHICH IT HELD THAT THE CONCEPT OF SOCIAL ADVANTAGES WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 INCLUDES THE GRANT OF THE INCOME GUARANTEED TO OLD PEOPLE BY THE LEGISLATION OF A MEMBER STATE TO A WORKER ' S DEPENDENT RELATIVES IN THE ASCENDING LINE .
22 IT FOLLOWS FROM ALL THE FOREGOING CONSIDERATIONS THAT A BENEFIT GUARANTEEING A MINIMUM MEANS OF SUBSISTENCE CONSTITUTES A SOCIAL ADVANTAGE , WITHIN THE MEANING OF REGULATION NO 1612/68 OF THE COUNCIL , WHICH MAY NOT BE DENIED TO A MIGRANT WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE AND IS RESIDENT WITHIN THE TERRITORY OF THE STATE PAYING THE BENEFIT , NOR TO HIS FAMILY .
23 AS REGARDS THE QUESTION WHETHER SUCH A SOCIAL ADVANTAGE MAY BE MADE SUBJECT TO A RESIDENCE REQUIREMENT IMPOSED EXCLUSIVELY ON NATIONALS OF OTHER COMMUNITY COUNTRIES , IT SHOULD BE BORNE IN MIND THAT , AS THE COMMISSION RIGHTLY POINTS OUT , THE PRINCIPLE OF NON-DISCRIMINATION IS THE FUNDAMENTAL PRINCIPLE IN THE CONTEXT OF THE RULES ON FREEDOM OF MOVEMENT , AND IS IN FACT REFERRED TO IN REGULATION NO 1612/68 . IT IS ENUNCIATED IN ARTICLE 48 ( 2 ) OF THE EEC TREATY , IN THE FIFTH AND SIXTH RECITALS OF THE PREAMBLE TO REGULATION NO 1612/68 AND , IN PARTICULAR , IN ARTICLE 7 ( 2 ) OF THAT REGULATION , WHICH PROVIDES THAT A WORKER WHO IS A NATIONAL OF A MEMBER STATE IS TO ENJOY , IN THE TERRITORY OF ANOTHER MEMBER STATE , ' THE SAME SOCIAL AND TAX ADVANTAGES AS NATIONAL WORKERS ' .
24 THE RESIDENCE REQUIREMENT IS AN ADDITIONAL CONDITION IMPOSED ON WORKERS WHO ARE NATIONALS OF A MEMBER STATE BUT NOT NATIONAL WORKERS . IT THEREFORE CONSTITUTES A CLEAR CASE OF DISCRIMINATION ON THE BASIS OF THE NATIONALITY OF WORKERS .
25 CONSEQUENTLY IT MUST BE STATED IN ANSWER TO QUESTION (