CELEX: C2001/200/02
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court of 20 March 2001 in Case C-33/99 (reference for a preliminary ruling from the Arrondissementsrechtbank te Amsterdam): Hassan Fahmi, M. Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank (Article 41 of the EEC-Morocco Cooperation Agreement — Article 3 of Regulation (EEC) No 1408/71 — Social security — Article 7 of Regulation (EEC) No 1612/68 Articles 48 and 52 of the EC Treaty (now, after amendment, Articles 39 EC and 43 EC) — Freedom of movement for persons — Non-discrimination — Recipients of an invalidity pension no longer residing in the competent Member State — Amendment of the legislation on study finance)

C 200/2                 EN                      Official Journal of the European Communities                                        14.7.2001
                 JUDGMENT OF THE COURT                                     1.   Neither the Cooperation Agreement between the European
                                                                                Economic Community and the Kingdom of Morocco signed at
                                                                                Rabat on 27 April 1976 and approved on behalf of the
                         of 20 March 2001                                       Community by Council Regulation (EEC) No 2211/78 of
                                                                                26 September 1978, nor Article 48 of the EC Treaty (now,
                                                                                after amendment, Article 39 EC), nor Council Regulation
in Case C-33/99 (reference for a preliminary ruling from                        (EEC) No 1408/71 of 14 June 1971 on the application of
the Arrondissementsrechtbank te Amsterdam): Hassan                              social security schemes to employed persons, to self-employed
Fahmi, M. Esmoris Cerdeiro-Pinedo Amado v Bestuur van                           persons and to members of their families moving within the
                de Sociale Verzekeringsbank (1)                                 Community, as amended and updated by Council Regulation
                                                                                (EEC) No 2001/83 of 2 June 1983, as amended by Council
                                                                                Regulation (EEC) No 1247/92 of 30 April 1992, and
(Article 41 of the EEC-Morocco Cooperation Agreement —                          Regulation No 1612/68 of the Council of 15 October 1968
Article 3 of Regulation (EEC) No 1408/71 — Social security                      on freedom of movement for workers within the Community,
— Article 7 of Regulation (EEC) No 1612/68 Articles 48                          may be interpreted as meaning that they prevent a Member
and 52 of the EC Treaty (now, after amendment, Articles 39                      State from gradually abolishing an allowance for dependent
EC and 43 EC) — Freedom of movement for persons — Non-                          children aged between 18 and 27 years pursuing studies
discrimination — Recipients of an invalidity pension no                         provided that, as in the case of the legislation at issue in the
longer residing in the competent Member State — Amend-                          main proceeding, its abolition does not involve discrimination
           ment of the legislation on study finance)                            bases on nationality.
                          (2001/C 200/02)                                  2.   A person entitled to a pension payable under the legislation of
                                                                                a single Member State and residing on the territory of another
                                                                                Member State cannot rely on either Article 3(1) of Regulation
                                                                                No 1408/71, as amended and updated by Regulation
                    (Language of the case: Dutch)                               No 2001/83, as amended by Regulation No 1274/92, or
                                                                                any other provision of that regulation in order to obtain from
                                                                                the Member State under whose legislation he receives his
                                                                                pension study finance such as that introduced by the Wet op de
(Provisional translation; the definitive translation will be published          studiefinanciering (Law on study finance).
                   in the European Court Reports)
                                                                           3.   A national of a Member State who has exercised the right to
In Case C-33/99: reference to the Court under Article 177 of                    freedom of movement for workers guaranteed by Article 48 of
the EC Treaty (now Article 234 EC) from the Arrondissements-                    the Treaty and has ceased to exercise his occupational activity
rechtbank te Amsterdam (District Court, Amsterdam) (Nether-                     in the host Member State and returned to his Member State of
lands) for a preliminary ruling in the proceedings pending                      origin, in which his children also reside, cannot rely on
before that court between Hassan Fahmi, M. Esmoris Cerdeiro-                    Article 48 or on Article 7(2) of Regulation No 1612/68 in
Pinedo Amado and Bestuur van de Sociale Verzekeringsbank                        order to obtain from the Member State in which he was
— on the interpretation of Article 41 of the Cooperation                        employed a right to have his children’s studies financed in the
Agreement between the European Economic Community and                           same conditions as those applied by that State to its own
the Kingdom of Morocco signed at Rabat on 27 April 1976                         nationals.
and approved on behalf of the Community by Council
Regulation (EEC) No 2211/78 of 26 September 1978 (OJ
1978 L 264, p. 1), Article 3 of Council Regulation (EEC)                   4.   Article 41 of the EEC-Morocco Cooperation Agreement must
No 1408/71 of 14 June 1971 on the application of social                         be interpreted as meaning that where the dependent children of
security schemes to employed persons, to self-employed                          a Moroccan worker do not reside in the Community, neither the
persons and to members of their families moving within the                      Moroccan worker concerned nor his children can rely, in regard
Community, as amended and updated by Council Regulation                         to study finance such as that introduced by the Wet op de
(EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), as                       studiefinanciering, on the principle of the prohibition of
amended by Council Regulation (EEC) No 1247/92 of 30 April                      discrimination on the basis of nationality laid down in that
1992 (OJ L 1992 L 136, p. 1), Article 7 of Regulation (EEC)                     provision in relation to social security.
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), and
Articles 48 and 52 of the EC Treaty (now, after amendment,
Articles 39 EC and 43 EC) — the Court, composed of:                        (1) OJ C 121 of 1.5.1999.
G.C.I Rodrı́guez Iglesias, President, C. Gulmann, A. La Pergola
(Rapporteur), M. Wathelet and V. Skouris (Presidents of
Chambers), D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón,
R. Schintgen and F. Macken, Judges; S. Alber, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 20 March 2001, in which it has
ruled: