HIMSELF WITHIN THE TERRITORY OF ANOTHER MEMBER STATE, IS IT SUFFICIENT FOR HIM TO CLAIM THAT HE WISHES OR INTENDS TO WORK? MUST THERE BE ACTUAL EVIDENCE OF THAT WISH IN THE FORM OF SERIOUS AND GENUINE EFFORTS TO FIND WORK OR MUST HE HOLD AN OFFER OF EMPLOYMENT?"
7 THE COUR DU TRAVAIL, MONS, NEEDS THE INTERPRETATION WHICH IT SEEKS IN ORDER TO GIVE A JUDGMENT ON THE CIVIL LIABILITY OF THE COURCELLES CENTRE . THE COURCELLES CENTRE HAS FAILED TO COMPLY WITH ARTICLE 7 OF THE ROYAL DECREE OF 30 OCTOBER 1974 WHICH LAYS DOWN THAT, IF IT RECEIVES A CLAIM FOR THE MINIMEX, WHICH IT DOES NOT CONSIDER ITSELF COMPETENT TO GRANT, IT MUST INFORM THE CLAIMANT FORTHWITH AND FORWARD THE CLAIM TO THE COMPETENT CENTRE WITHIN THREE DAYS . SINCE IT ACTED WRONGFULLY, THE COURCELLES CENTRE IS LIABLE FOR THE DAMAGE THUS CAUSED . THE EXISTENCE OF DAMAGE DEPENDS ON THE QUESTION WHETHER MRS LEBON WAS ENTITLED TO THE MINIMEX .
8 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE FACTS OF THE CASE, THE RELEVANT COMMUNITY
LEGISLATION AND THE OBSERVATIONS SUBMITTED TO THE COURT BY THE GOVERNMENTS AND BY THE COMMISSION, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
FIRST QUESTION
9 THE COMMISSION AND THE NETHERLANDS AND GERMAN GOVERNMENTS MAINTAIN THAT THE FIRST QUESTION SHOULD BE ANSWERED IN THE NEGATIVE . IN THEIR VIEW, A DESCENDANT WHO HAS REACHED THE AGE OF MAJORITY AND IS NO LONGER DEPENDENT ON A NATIONAL OF A MEMBER STATE WHO EXERCISES HIS RIGHT TO REMAIN WITHIN THE TERRITORY OF ANOTHER MEMBER STATE IN ACCORDANCE WITH ARTICLE 48 ( 3 ) ( C ) OF THE EEC TREATY AND REGULATION NO 1251/70 IS NOT COVERED BY THAT REGULATION NOR, CONSEQUENTLY, IS HE ENTITLED TO EQUAL TREATMENT UNDER ARTICLE 7 OF REGULATION NO 1612/68 .
10 IT MUST BE POINTED OUT THAT THE PRINCIPLE OF EQUAL TREATMENT IS DERIVED IN THE FIRST PLACE FROM ARTICLE 7 OF THE EEC TREATY, ACCORDING TO WHICH "WITHIN THE SCOPE OF APPLICATION OF THIS TREATY, AND WITHOUT PREJUDICE TO ANY SPECIAL PROVISIONS CONTAINED THEREIN, ANY DISCRIMINATION ON GROUNDS OF NATIONALITY SHALL BE PROHIBITED ". AS THE COURT EMPHASIZED IN ITS JUDGMENT OF 17 APRIL 1986 IN CASE 59/85 NETHERLANDS V REED (( 1986 )) ECR 1283 ET SEQ ., THAT PRINCIPLE WAS APPLIED SPECIFICALLY WITH REGARD TO FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY IN ARTICLE 48 OF THE EEC TREATY, A PROVISION IMPLEMENTED BY REGULATION NO 1612/68 WHICH PROVIDES IN ARTICLE 7 ( 2 ) THAT IN THE HOST STATE A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE MUST "ENJOY THE SAME SOCIAL AND TAX ADVANTAGES AS NATIONAL WORKERS ".
11 THE EQUALITY OF TREATMENT ENJOYED BY WORKERS WHO ARE NATIONALS OF MEMBER STATES AND ARE EMPLOYED WITHIN THE TERRITORY OF ANOTHER MEMBER STATE IN RELATION TO WORKERS WHO ARE NATIONALS