Judgment of the Court of 11 July 1980. - Commission of the European Communities v Kingdom of Belgium. - Social security - Workers previously employed in the former Belgian Congo or in Ruanda-Urundi. - Case 150/79.
European Court reports 1980 Page 02621
Greek special edition Page 00005
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . SOCIAL SECURITY FOR MIGRANT WORKERS - LEGISLATION OF A MEMBER STATE - CONCEPT - BELGIAN LAW ON SOCIAL SECURITY FOR WORKERS FROM THE FORMER BELGIAN CONGO AND RUANDA-URUNDI - INCLUSION - APPLICATION TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES WITHOUT CONDITIONS OF NATIONALITY OR RESIDENCE
( REGULATION NO 1408/71 OF THE COUNCIL , ARTS . 1(J ), 2(1 ), 3(1 ) AND 10(1 ))
2 . SOCIAL SECURITY FOR MIGRANT WORKERS - SPECIAL APPLICATION PROCEDURES FOR LEGISLATION OF CERTAIN MEMBER STATES - APPLICATION BY ANALOGY - NOT PERMISSIBLE
( REGULATION NO 1408/71 OF THE COUNCIL , ANNEX V )
Summary
1 . THE BELGIAN LAW OF 16 JUNE 1960 PLACING UNDER THE CONTROL AND GUARANTEE OF THE BELGIAN STATE THE INSTITUTIONS ADMINISTERING SOCIAL SECURITY FOR WORKERS FROM THE BELGIAN CONGO AND RUANDA-URUNDI AND PROVIDING A GUARANTEE BY THE BELGIAN STATE OF SOCIAL SECURITY BENEFITS IN FAVOUR OF SUCH PERSONS , CONSTITUTES ' ' LEGISLATION OF A MEMBER STATE ' ' WITHIN THE MEANING OF REGULATION NO 1408/71 . ACCORDINGLY THE BELGIAN STATE CANNOT IMPOSE CONDITIONS OF NATIONALITY OR RESIDENCE ON WORKERS WHO ARE NATIONALS OF THE MEMBER STATES OF THE COMMUNITY AND WHO COME WITHIN THE SPHERE OF APPLICATION OF THE SAID REGULATION FOR THE GRANT OF THE SOCIAL SECURITY BENEFITS PROVIDED FOR BY THAT LAW .
2 . ANNEX V TO REGULATION NO 1408/71 CONTAINS A NUMBER OF PROVISIONS CONTAINING SPECIAL APPLICATION PROCEDURES WHICH REFER TO VARIOUS SPECIAL SITUATIONS . SUCH PROCEDURES MAY ONLY DERIVE FROM AN EXPRESS PROVISION IN THE RULES IN QUESTION AND CANNOT BE EXTENDED TO SITUATIONS OTHER THAN THOSE EXPRESSLY ENVISAGED .
Parties
IN CASE 150/79
COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY ITS LEGAL ADVISER , JEAN AMPHOUX , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF ITS LEGAL ADVISER , MARIO CERVINO , JEAN MONNET BUILDING , KIRCHBERG ,
APPLICANT ,
V
KINGDOM OF BELGIUM , REPRESENTED BY THE MINISTER FOR FOREIGN AFFAIRS , WHOSE AGENT IS ROBERT HOEBAER , DIRECTOR OF EXTERNAL TRADE AND DEVELOPMENT COOPERATION AT THE MINISTRY FOR FOREIGN AFFAIRS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BELGIAN EMBASSY , RESIDENCE CHAMPAGNE , 4 RUE DES GIRONDINS ,
DEFENDANT ,
Subject of the case
APPLICATION BY THE COMMISSION TO THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES UNDER THE SECOND PARAGRAPH OF ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT THE KINGDOM OF BELGIUM HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 5 , 48 AND 51 OF THE TREATY , INASMUCH AS THE BELGIAN PRACTICE IS TO IMPOSE CONDITIONS AS TO NATIONALITY