IS , IN VIEW OF THE PRINCIPLE OF EQUAL TREATMENT LAID DOWN IN ARTICLE 3 THEREOF , UNQUESTIONABLY MORE FAVOURABLE THAN THE EUROPEAN INTERIM AGREEMENT .
14 A REMINDER OF THOSE PRINCIPLES , HOWEVER , IS NOT A SUFFICIENT ANSWER TO THE QUESTION REFERRED TO THE COURT BY THE APPEALS BOARD . THE LATTER ALSO SEEKS TO ASCERTAIN WHETHER REGULATION NO 1408/71 PERMITS A RELATIVE IN THE ASCENDING LINE OF A WORKER OF ONE MEMBER STATE WHO HAS SETTLED , TOGETHER WITH THAT WORKER , IN ANOTHER MEMBER STATE TO OBTAIN IN THE LATTER STATE AN OLD-AGE ALLOWANCE SUCH AS THAT CONCERNED IN THIS CASE . THIS QUESTION MUST THEREFORE BE CONSIDERED .
15 IN THAT REGARD IT IS TRUE THAT , ACCORDING TO ARTICLE 2 ( 1 ) OF REGULATION NO 1408/71 , THE REGULATION APPLIES ' TO WORKERS WHO ARE OR HAVE BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE MEMBER STATES AND WHO ARE NATIONALS OF ONE OF THE MEMBER STATES . . . AS WELL AS TO THE MEMBERS OF THEIR FAMILIES AND THEIR SURVIVORS ' . HOWEVER , THE COURT STATED IN ITS JUDGMENT OF 23 NOVEMBER 1976 ( CASE 40/76 KERMASCHEK V BUNDESANSTALT FUR ARBEIT ( 1976 ) ECR 1669 ) THAT THE MEMBERS OF THE FAMILY OF A WORKER OR HIS SURVIVORS CAN ONLY CLAIM DERIVED RIGHTS UNDER REGULATION NO 1408/71 , THAT IS TO SAY RIGHTS ACQUIRED THROUGH THEIR STATUS AS A MEMBER OF THE WORKER ' S FAMILY OR AS HIS SURVIVOR .
16 IN THIS CASE IT APPEARS THAT THE SPECIAL OLD-AGE ALLOWANCE INTRODUCED BY LAW NO 52-799 OF 10 JULY 1952 IS PAID TO OLD PERSONS WHETHER OR NOT THEY ARE RELATED TO A WORKER .
17 IT MUST THEREFORE BE CONCLUDED THAT , SINCE THE RIGHT TO THE SPECIAL OLD-AGE ALLOWANCE DOES NOT CONSTITUTE A DERIVED RIGHT FOR THE PURPOSES OF REGULATION NO 1408/71 , A RELATIVE IN THE ASCENDING LINE OF A MIGRANT WORKER CANNOT CLAIM THE BENEFIT OF THE ALLOWANCE UNDER THAT REGULATION .
18 HOWEVER , THE COMMISSION CONTENDED IN ITS OBSERVATIONS THAT SINCE THE SPECIAL OLD-AGE ALLOWANCE IS A SOCIAL ADVANTAGE IT MUST BE GRANTED UNDER ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 , ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . 475 ).
19 IN ORDER TO PROVIDE THE APPEALS BOARD WITH ALL THE INFORMATION CONCERNING THE INTERPRETATION OF COMMUNITY LAW WHICH MAY ASSIST IT IN RESOLVING THE DISPUTE BEFORE IT , IT IS NECESSARY TO EXAMINE WHETHER OR NOT THAT ARGUMENT IS WELL FOUNDED .
20 AS THE COURT HAS STATED ON SEVERAL OCCASIONS ( MOST RECENTLY IN ITS JUDGMENT OF 27 MARCH 1985 IN CASE 249/83 HOECKX V CENTRE PUBLIC D ' AIDE SOCIALE DE KALMTHOUT ( 1985 ) ECR 973 ) THE TERM ' SOCIAL ADVANTAGE ' INCLUDES ALL ADVANTAGES WHICH , ' WHETHER OR NOT