CELEX: C2006/224/31
Language: en
Date: 2006-09-16 00:00:00
Title: Case C-336/05: Order of the Court (Fifth Chamber) of 13 June 2006 (reference for a preliminary ruling from the Tribunal départemental des pensions militaires du Morbihan –France) — Ameur Echouikh v Secrétaire d'État aux Anciens Combattants (Article 104(3), first subparagraph, of the Rules of Procedure — Euro-Mediterranean Agreement EC-Morocco — Article 65 — Principle of non-discrimination in matters of social security — Armed services invalidity pension)

16.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 224/17
            
         Order of the Court (Fifth Chamber) of 13 June 2006 (reference for a preliminary ruling from the Tribunal départemental des pensions militaires du Morbihan –France) — Ameur Echouikh v Secrétaire d'État aux Anciens Combattants
   (Case C-336/05) (1)
   
   (Article 104(3), first subparagraph, of the Rules of Procedure - Euro-Mediterranean Agreement EC-Morocco - Article 65 - Principle of non-discrimination in matters of social security - Armed services invalidity pension)
   (2006/C 224/31)
   Language of the case: French
   Referring court
   Tribunal départemental des pensions militaires du Morbihan
   Parties
   
      Applicant: Ameur Echouikh
   
      Defendant: Secrétaire d'État aux anciens combattants
   Re:
   Reference for a preliminary ruling — Tribunal départemental des pensions militaires du Morbihan — Interpretation of Articles 64 and 65 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, signed in Brussels on 26 February 1996 (OJ 2000 L 70, p. 2), of Articles 40 to 42 of the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco, signed in Rabat on 27 April 1976 (OJ 1978 L 264, p. 1) and of the general principle of non-discrimination based on nationality as enshrined in Article 12 of the EC Treaty and Article 14 of the ECHR — Direct effect — Meaning of ‘worker’, ‘remuneration’ and ‘social security benefit’ — National legislation refusing an armed services invalidity pension to a Moroccan national who has served in the Member State's armed forces
   Operative part of the order
   The first subparagraph of Article 65(1) of the Euro-Mediterranean establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, signed in Brussels on 26 February 1996 and approved on behalf of the Communities by Decision 2000/204/EC, ECSC of the Council and Commission of 24 January 2000 is to be interpreted as meaning that it precludes the host Member State from refusing to grant an armed services invalidity pension to a Moroccan national who has served in that State's army and resides in its territory on the sole ground that the person concerned is of Moroccan nationality.
   
      (1)  OJ C 296, 26.11.2005.