Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61981J0065
Název:
Title: 		JUDGMENT OF THE COURT (THIRD CHAMBER) OF 14 JANUARY 1982. FRANCESCO REINA AND LETIZIA REINA V LANDESKREDITBANK BADEN-WUERTTEMBERG. (REFERENCE FOR A PRELIMINARY RULING FROM THE VERWALTUNGSGERICHT STUTTGART). FREEDOM OF MOVEMENT FOR WORKERS - SOCIAL ADVANTAGES. CASE 65/81.
Publikace:
Publication:		REPORTS OF CASES 1982 PAGES 0033 - 0046
Předmět (klíčová slova):
Keywords		FREE MOVEMENT OF WORKERS;
Související předpisy:
Corresponding acts:		368R1612
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. WHERE A COURT OF A MEMBER STATE BRINGS A MATTER BEFORE THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE EEC TREATY THE COURT HAS JURISDICTION, UNDER THAT PROVISION, TO ANSWER THE QUESTIONS RAISED WITHOUT THERE BEING ANY NEED TO CONSIDER FIRST WHETHER THE DECISION MAKING THE REFERENCE TO IT WAS TAKEN IN ACCORDANCE WITH THE RULES OF NATIONAL LAW GOVERNING THE ORGANIZATION OF THE COURTS AND THEIR PROCEDURE.

2. IT FOLLOWS FROM THE PROVISIONS OF REGULATION NO 1612/68 AND FROM THE OBJECTIVE PURSUED THAT THE ADVANTAGES WHICH THAT REGULATION EXTENDS TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES 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 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 MEMBER STATES THEREFORE SEEMS SUITABLE TO FACILITATE THEIR MOBILITY WITHIN THE COMMUNITY.

3. THE CONCEPT OF'' SOCIAL ADVANTAGE'' REFERRED TO IN ARTICLE 7 (2) OF REGULATION NO 1612/68 ENCOMPASSES NOT ONLY THE BENEFITS ACCORDED BY VIRTUE OF A RIGHT BUT ALSO THOSE GRANTED ON A DISCRETIONARY BASIS.

4. ARTICLE 7 (2) OF REGULATION NO 1612/68 IS TO BE INTERPRETED AS MEANING THAT THE CONCEPT OF'' SOCIAL ADVANTAGE'' REFERRED TO IN THAT PROVISION ENCOMPASSES INTEREST-FREE LOANS GRANTED ON CHILDBIRTH BY A CREDIT INSTITUTION INCORPORATED UNDER PUBLIC LAW, ON THE BASIS OF GUIDELINES AND WITH FINANCIAL ASSISTANCE FROM THE STATE, TO FAMILIES WITH A LOW INCOME WITH A VIEW TO STIMULATING THE BIRTH RATE. SUCH LOANS MUST THEREFORE BE GRANTED TO WORKERS OF OTHER MEMBER STATES ON THE SAME CONDITIONS AS THOSE WHICH APPLY TO NATIONAL WORKERS.

Plný text judikátu (Entire text of the Judgment):