Regulation (EEC)
n°1612/68
| Reg. 1612/68 | Summary | Country | Date | Case | ECJ law report c.j. |
| Reg. 1612/68 in general Reg. 1408/71 Arts 1(a), 3 |
The principal aim of Reg. 1612/68 is to ensure that in each MS workers from the other MS receive treatment which is not discriminatory by comparison with that of national workers by providing for the systematic application of the rule of national treatment as far as all conditions of employment and work are concerned. It is not the purpose of that Reg. to create rights by virtue of insurance periods completed in another MS if such rights, in the case of nationals of the host State, do not derive from national provisions. | UK | 24.4.1980 | 110/79 (Coonan) | 1980, 1445 |
| Reg. 1612/68 in general Reg. 1408/71 Arts 2, 4 |
The Community rules on freedom of movement for workers do not apply to cases which have no factor linking them with any of the situations governed by Community law. Such is the case with workers who have never exercised the right to freedom of movement within the Community. Accordingly, a member of the family of a worker who is a national of a MS cannot rely on Reg. 1612/68 in order to claim the same social advantages as workers who are nationals of that State when the worker of whose family he is a member has never exercised the right to freedom of movement within the Community. | F | 17.12.1987 | 147/87 (Zaoui) | 1987, 5511 |
| Art. 7 Reg. 1408/71 Arts 1(f), 2(1) EC Treaty Art. 177 |
In the light of the equality of treatment which Reg. 1612/68 seeks to bring about and taking account of the provisions of that Reg. as a whole, the matters covered by Art. 7(2) must be defined in such a way as to include every social and tax advantage, whether or not linked to a contract of employment. | F | 16.12.1976 | 63/76 (Inzirillo) | 1976, 2057 |
| Art. 7(1) and (2) | 1. "Social advantages" within the meaning of Art. 7(2) of Reg. 1612/68 on freedom of movement for workers within the Community should be understood to mean all those advantages which, whether or not linked to a contract of employment, are generally granted to national workers because of their objective status as workers or by virtue of the mere fact of their residence on the national territory and the extension of which to workers who are nationals of other State and performs military service in that State and whose contract of employment in the public sector of another MS is thus suspended is not entitled, during such suspension, to have payment continued on his behalf, under the same conditions as if he were working, of the employer' s and employee' s contributions to the The continued payment of supplementary retirement contributions during a period of suspension of the employment contract which is granted to nationals of the MS in question constitutes an advantage established by the legislature to compensate partially those nationals called up to perform military service for the consequences of that obligation. It is not made by virtue of a statutory or contractual obligation incumbent on the employer as conditions of employment and work, within the meaning of Art. 7(1) of Reg. 1612/68 and cannot be considered to be an advantage granted to national workers because of their objective status as workers or by virtue of the mere fact of their residence on the national territory, that is as a social advantage within the meaning of Art. 7(2) thereof. | D | 14.3. 1996 | C-315/94 Peter de Vos | |
| Art. 7(2) Reg. 1408/71 Arts 4, 18 EC Treaty Art. 52 |
A MS practises discrimination of nationals of other MS if it makes
the payment of birth grants and maternity allowances subject to conditions
of prior residence within its territory as these conditions are more readily
fulfilled by its own nationals. This discrimination in the grant of allowances which for employed persons constitute social advantages amounts to an infringement of Art. 7(2) of Reg. 1612/68. It also infringes Art. 52 of the Treaty since in the case of self-employed persons, while it is not practised in the field of specific rules relating to the pursuit of an occupation, it nevertheless hampers the pursuit of occupational activities by nationals of other MS. The residence requirement in respect of the birth allowance cannot be justified on grounds of considerations of public health since the obligation to undergo various medical examinations to which the grant of the allowance is likewise subject could be dissociated from it. |
L | 10.3.1993 | C-111/91 (Co v Luxembourg) |
1993, I-817 |
| Art. 7(2) Reg. 1408/71 Art. 4 |
It follows from all the provisions of Reg. 1612/68 and from the
objective pursued that the social and tax advantages which this Reg. extends
to workers who are nationals of other MS are all those which, whether or
not linked to a contract of employment, are generally granted to national
workers primarily because of their objective status as a worker or by virtue
of the mere fact of their residence on the national territory and the extension
of which to workers who are nationals of other MS therefore seems suitable
to facilitate their mobility within the Community. A benefit based on a scheme of national recognition, (such as the benefit granted by the Belgian Royal Decree of 27 June 1969), cannot be considered as an advantage granted to a national worker by reason primarily of his status of worker or resident on the national territory and for that reason does not fulfil the essential characteristics of the 'social advantages' referred to in Art. 7(2) of Reg. 1612/68. It does not therefore come within the substantive field of application of that Reg. and is not therefore, as regards the conditions for the grant of that benefit, subject to the provisions of the latter. |
B | 31.5.1979 | 207/78 (Even) | 1979, 2019 |
| Art. 7(2) Reg. 1408/71 Art. 4(1) |
The concept of social advantages within the meaning of Art. 7(2)
of Reg. 1612/68 includes all those advantages which, whether or not linked
to a contract of employment, are generally granted to national workers primarily
because of their objective status as workers or by virtue of the mere fact
of their residence on the national territory and whose extension to workers
who are nationals of other MS therefore seems likely to facilitate the mobility
of such workers within the Community. A social benefit guaranteeing a minimum means of subsistence in a general manner constitutes a social advantage within the meaning of Reg. 1612/68. Art. 7(2) of that Reg. must be interpreted as meaning that the grant of such a social advantage may not be made subject to the requirement that the claimant should have actually resided within the territory of a MS for a prescribed period where that requirement is not imposed on nationals of that MS. |
B | 27.3.1985 | 249/83 (Hoeckx) | 1985, 973 |
| Art. 7(2) EC Treaty Arts. 6, 48, 51 Reg.1408/71 Art. 3(1) |
Art. 3(1) must be interpreted as meaning that where the legislation of a MS provides for extension of the right to orphan's benefit beyond the age of 25 for recipients of benefits whose training has been interrupted by their military service, that State is required to assimilate military service in another MS to military service under its own legislation. | D | 25.6.1997 | C-131/96 (Romero) | (1997) I-3659 |
| Art. 7(2) Reg. 1408/71 Arts 2(1), 3(1) |
The term 'social advantage' used in Art. 7(2) of Reg. 1612/68
refers to all advantages which, whether or not linked to a contract of
employment, are generally granted to national workers primarily because of
their objective status as workers or by virtue of the mere fact of their
residence on the national territory and whose extension to workers who are
nationals of other MS therefore seems likely to facilitate the mobility of
such workers within the Community. Unemployment benefits provided under the leg. of a MS for young persons seeking work constitute a social advantage within the meaning of Art. 7(2) of Reg. 1612/68. A MS cannot refuse to grant such benefits to the dependent children of a worker who is a national of another MS on the grounds of the children's nationality, whether they are nationals of a MS or of a non-member country. |
B | 20.6.1985 | 94/84 (Deak) | 1985, 1873 |
| Art. 7(2) Reg. 1408/71 Arts 2(1), 7(1)(b) |
The term 'social advantage' within the meaning of Art. 7(2) of
Reg. 1612/68 includes all advantages which, whether or not linked to a contract
of employment, are generally granted to national workers primarily because
of their objective status as workers or by virtue of the mere fact of their
residence on the national territory and whose extension to workers who are
nationals of other MS therefore seems likely to facilitate the mobility of
such workers within the Community. The grant of a special old-age allowance which guarantees a minimum income to old persons constitutes a social advantage within the meaning of Reg. 1612/68. Art. 7(2) of that Reg. must be interpreted to the effect that the grant of such a social advantage may not be made subject to a condition requiring actual residence in the territory of a MS for a specified number of years if such a condition is not laid down in respect of nationals of that MS. |
F | 6.6.1985 | 157/84 (Frascogna I) | 1985, 1739 |
| Art. 7(2) Reg. 1408/71 Art. 3 |
By maintaining the requirement of a period of residence on Belgian territory which workers from other MS subject to Belgian leg. must fulfil and in order to qualify for the grant of the allowances for handicapped persons, the guaranteed income for elderly persons and the minimum means of subsistence (minimex), Belgium has failed to fulfil its obligations under the EC Treaty and, in particular, Art. 7(2) of Reg. 1612/68 and Art. 3 of Reg. 1408/71 both of which require nationals and citizens of other MS to be treated equally. | B | 10.11.1992 | C-326/90 (Co v Belgium) |
1992, I-5517 |
| Art. 7(2) Reg. 1408/71 Arts 2, 3 |
The concept of social advantage referred to in Art. 7(2) of Reg.
1612/68 comprises all advantages which, whether or not connected with an
employment contract, are generally recognised for national workers by virtue
of their objective status as workers or simply because of their residence
in the national territory and whose extension to workers who are nationals
of other MS is therefore conducive to their mobility within the Community.
This being the case for allowances for handicapped persons, a national of a MS who is a former official of an international organisation may claim the right to the equality of treatment guaranteed by the aforementioned provision with a view to obtaining an allowance for handicapped adults provided for by the leg. of the MS where he resides, other than the State of origin, intended for a dependent descendant. A condition under which the beneficiary must possess the nationality of the State of residence may not be applied to him as such a condition, even if it also applies to the descendants of national workers, is incompatible with the requirement of equality of treatment in that it is more readily met by descendants of national workers than those of migrant workers. |
B | 27.5.1993 | C-310/91 (Schmid) | 1993, I-3011 |
| Art. 7(2) EC Treaty Art. 48(2) |
A MS which maintains in force provisions under which excess amounts
of tax deducted from the wages or salaries of nationals of a MS who resided
in that State or occupied a salaried position there for only part of the
tax year are to remain the property of the Treasury and are not repayable
fails to fulfil its obligations under Art. 48(2) of the Treaty and Art. 7(2)
of Reg. 1612/68. Although the special situation of temporary residents may objectively justify the adoption of specific procedural arrangements to enable the competent tax authorities to determine the tax rate applicable to national income, it cannot justify the exclusion of that category of tax payer from entitlement, other than by means of a non-contentious procedure, to repayment of tax, where excess amounts of tax deducted are repayable as of right to permanent residents. |
LUX | 26.10.1995 | C-151/94 (Co. v Luxembourg) |
1995, I-1457 |
| Art. 7(2) Reg. 1408/71 Art. 4(1)(g) |
A benefit which takes the form of a single payment to agricultural
workers whose contract of employment has been terminated as a result of the
setting aside of land belonging to their former employer is to be classified
as a social advantage within the meaning of Art. 7(2), since entitlement
to the benefit is intrinsically linked to the recipients' objective status
as workers. A MS may not make payment of a social advantage within the meaning of Art. 7(2) dependent on the condition that recipients be resident within its territory. Unless it is objectively justified and proportionate to its aim, a provision of national law must be regarded as indirectly discriminatory if it is intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage. This is true of a residence condition which can be more easily met by national workers than by those from other MS. |
NL | 27.11.1997 | C-57/96 (Meints) | 1997, I-6689 |
