CELEX: C2004/118/46
Language: en
Date: 2004-04-30 00:00:00
Title: Order of the Court of Justice (Third Chamber) of 27 April 2004 in Case C-358/02 (reference for a preliminary ruling from the Tribunal du travail de Bruxelles): Yamina Haddad v Belgian State (Article 104(3) of the Rules of Procedure — Cooperation Agreement EEC-Morocco — Article 41(1) — Persons covered — Principle of non-discrimination in matters of social security — Disability allowance)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/26
            
         
      ORDER OF THE COURT OF JUSTICE
   
   (Third Chamber)
   of 27 April 2004
   in Case C-358/02 (reference for a preliminary ruling from the Tribunal du travail de Bruxelles): Yamina Haddad v Belgian State (1)
   
   (Article 104(3) of the Rules of Procedure - Cooperation Agreement EEC-Morocco - Article 41(1) - Persons covered - Principle of non-discrimination in matters of social security - Disability allowance)
   (2004/C 118/46)
   Language of the case: French
   In Case C-358/02: reference to the Court under Article 234 EC from the Tribunal du travailed Bruxelles, for a preliminary ruling in the proceedings pending before that court between Yamina Haddad and Belgian State – on the interpretation of Article 41(1) of the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco, signed in Rabat on 27 April 1976 and approved on behalf of the Community by Council Regulation (EEC) No 2211/78 of 26 September 1978 (OJ 1978 L 264, p. 1) – the Court (Third Chamber), composed of: A Rosas, President of the Chamber, R. Schintgen (Rapporteur) and K. Schiemann, Judges; Advocate General: F.G. Jacobs; Registrar: R. Grass, made an order on 27 April 2004, the operative part of which is as follows:
   Article 41(1) of the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco, signed in Rabat on 27 April 1976 and approved on behalf of the Community by Council Regulation (EEC) No 2211/78 of 26 September 1978, must be interpreted as meaning that it does not apply to the case of a student with Moroccan nationality, the wife of an unemployed Moroccan national who is also unemployed both resident in a Member State which refuses to grant a disability allowance to the claimant, when the couple are insured on a voluntary basis under the sickness insurance scheme of that State, where it is not proven that the claimant lives with a worker of Moroccan nationality with whom she has a close family relationship.
   
      (1)  OJ C 305 of 7.12.2002.