Centre public d'aide sociale de Courcelles v Marie-Christine Lebon.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Moitinho de Almeida
• ECLI: ECLI:EU:C:1987:302
• Docket Number: 316/85
• Date: 18 June 1987
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61985J0316

Judgment of the Court of 18 June 1987. - Centre public d'aide sociale de Courcelles v Marie-Christine Lebon. - Reference for a preliminary ruling: Cour du travail de Mons - Belgium. - Free movement of workers - Concept of worker and of dependent descendant - Equal treatment. - Case 316/85.

European Court reports 1987 Page 02811

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - MEMBERS OF THE FAMILY - INDIRECT BENEFIT - DESCENDANTS WHO HAVE REACHED THE AGE OF 21 AND ARE NO LONGER DEPENDENT ON THE WORKER - EXCLUSION

( REGULATION NO 1612/68 OF THE COUNCIL, ARTS 7 ( 2 ) AND 10; REGULATION NO 1251/70 OF THE COUNCIL )

2 . FREE MOVEMENT OF PERSONS - WORKERS - DEPENDENT MEMBER OF THE FAMILY - CONCEPT

( REGULATION NO 1612/68 OF THE COUNCIL, ART . 10 ( 1 ) AND ( 2 )*)

3 . FREE MOVEMENT OF PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - NATIONALS OF ONE MEMBER STATE MOVING TO ANOTHER MEMBER STATE IN SEARCH OF EMPLOYMENT - EXCLUSION

( REGULATION NO 1612/68 OF THE COUNCIL, ART . 7 ( 2 )*)

Summary

1 . THE MEMBERS OF A WORKER' S FAMILY, WITHIN THE MEANING OF ARTICLE 10 OF REGULATION NO 1612/68, QUALIFY ONLY INDIRECTLY FOR THE EQUAL TREATMENT ACCORDED TO THE WORKER HIMSELF BY ARTICLE 7 OF REGULATION NO 1612/68 . SOCIAL BENEFITS GUARANTEEING IN GENERAL TERMS THE MINIMUM MEANS OF SUBSISTENCE OPERATE IN FAVOUR OF MEMBERS OF THE WORKER' S FAMILY ONLY IF SUCH BENEFITS MAY BE REGARDED AS A SOCIAL ADVANTAGE, WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68, FOR THE WORKER HIMSELF .

IT FOLLOWS THAT, WHERE A WORKER WHO IS A NATIONAL OF ONE MEMBER STATE WAS EMPLOYED WITHIN THE TERRITORY OF ANOTHER MEMBER STATE AND EXERCISED THE RIGHT TO REMAIN THERE, HIS DESCENDANTS WHO HAVE REACHED THE AGE OF 21 AND ARE NO LONGER DEPENDENT ON HIM MAY NOT RELY ON THE RIGHT TO EQUAL TREATMENT GUARANTEED BY COMMUNITY LAW IN ORDER TO CLAIM A SOCIAL BENEFIT PROVIDED FOR BY THE LEGISLATION OF THE HOST MEMBER STATE AND GUARANTEEING IN GENERAL TERMS THE MINIMUM MEANS OF SUBSISTENCE . IN THE CIRCUMSTANCES, THAT BENEFIT DOES NOT CONSTITUTE FOR THE WORKER A SOCIAL ADVANTAGE WITHIN THE MEANING OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68, INASMUCH AS HE IS NO LONGER SUPPORTING HIS DESCENDANT .

THE STATUS OF DEPENDENT MEMBER OF A WORKER' S FAMILY, TO WHICH ARTICLE 10 ( 1 ) AND ( 2 ) OF REGULATION NO 1612/68 REFERS, IS THE RESULT OF A FACTUAL SITUATION, NAMELY THE PROVISION OF SUPPORT BY THE WORKER, WITHOUT THERE BEING ANY NEED TO DETERMINE THE REASONS FOR RECOURSE TO THE WORKER' S SUPPORT .

THE EQUAL TREATMENT WITH REGARD TO SOCIAL AND TAX ADVANTAGES WHICH IS LAID DOWN BY ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 OPERATES ONLY FOR THE BENEFIT OF WORKERS AND DOES NOT APPLY TO NATIONALS OF MEMBER STATES WHO MOVE IN SEARCH OF EMPLOYMENT .

Parties

IN CASE 316/85

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR DU TRAVAIL ( LABOUR COURT ), MONS, FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN

CENTRE PUBLIC D' AIDE SOCIALE ( PUBLIC SOCIAL WELFARE CENTRE ), COURCELLES,

AND

MARIE-CHRISTINE LEBON

ON THE INTERPRETATION OF REGULATION ( EEC ) 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 REGULATION ( EEC ) NO 1251/70 OF THE COMMISSION OF 29 JUNE 1970 ON THE RIGHT OF WORKERS TO REMAIN IN THE TERRITORY OF A MEMBER STATE AFTER HAVING BEEN EMPLOYED IN THAT STATE ( OFFICIAL JOURNAL, ENGLISH SPECIAL EDITION 1970 ( II ), P . 402 ),

THE COURT

COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, Y . GALMOT, C . KAKOURIS, T . F . O' HIGGINS AND F . SCHOCKWEILER ( PRESIDENTS OF CHAMBERS ), T . KOOPMANS, O . DUE, U . EVERLING, K . BAHLMANN, J . C . MOITINHO DE ALMEIDA AND G . C . RODRIGUEZ IGLESIAS, JUDGES,

ADVOCATE GENERAL : C . O . LENZ

REGISTRAR : H . A . RUEHL, PRINCIPAL ADMINISTRATOR

AFTER CONSIDERING THE OBSERVATIONS SUBMITTED ON BEHALF OF :

THE GOVERNMENT OF THE KINGDOM OF BELGIUM, BY F . BEHETS WYDEMANS, DIRECTOR-GENERAL AT THE MINISTRY OF PUBLIC HEALTH AND FAMILY AFFAIRS, IN THE WRITTEN PROCEDURE,

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY, BY MR KNOPP DIETMAR, RECHTSANWALT, COLOGNE, IN THE ORAL PROCEDURE,

THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS, BY I . VERKADE, SECRETARY-GENERAL AT THE MINISTRY OF FOREIGN AFFAIRS, IN THE WRITTEN PROCEDURE,

THE COMMISSION OF THE EUROPEAN COMMUNITIES, BY JOSEPH GRIESMAR, LEGAL ADVISER,

HAVING REGARD TO THE REPORT FOR THE...