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):		61986J0313
Název:
Title: 		JUDGMENT OF THE COURT OF 27 SEPTEMBER 1988. O. LENOIR V CAISSE D' ALLOCATIONS FAMILIALES DES ALPES-MARITIMES. REFERENCE FOR A PRELIMINARY RULING FROM THE TRIBUNAL DES AFFAIRES DE SECURITE SOCIALE DES ALPES-MARITIMES. REGULATION NO. 1408/71, ARTICLE 77 - PAYMENT OF FAMILY BENEFITS IN ANOTHER MEMBER STATE. CASE 313/86.
Publikace:
Publication:		REPORTS OF CASES 1988 PAGES 5391
Předmět (klíčová slova):
Keywords		SOCIAL SECURITY FOR MIGRANT WORKERS;
Související předpisy:
Corresponding acts:		371R1408;371R1408
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. ARTICLE 77 OF REGULATION NO 1408/71 MUST BE INTERPRETED AS GIVING A PERSON ENTITLED TO FAMILY BENEFITS WHO IS A NATIONAL OF A MEMBER STATE AND HAS DEPENDENT CHILDREN BUT RESIDES IN ANOTHER MEMBER STATE ENTITLEMENT TO PAYMENT BY THE SOCIAL SECURITY INSTITUTIONS OF HIS COUNTRY OF ORIGIN ONLY OF "FAMILY ALLOWANCES", AS DEFINED IN ARTICLE 1 (U) (II) OF REGULATION NO1408/71, TO THE EXCLUSION OF OTHER FAMILY BENEFITS SUCH AS THE "RENTRÉE SCOLAIRE" (SCHOOL EXPENSES) ALLOWANCE AND THE "SALAIRE UNIQUE" (SINGLE WAGE) ALLOWANCE PROVIDED FOR BY FRENCH LEGISLATION.

2. ARTICLE 51 OF THE TREATY PROVIDES FOR THE COORDINATION, NOT THE HARMONIZATION, OF THE LEGISLATION OF THE MEMBER STATES AND LEAVES IN BEING DIFFERENCES BETWEEN THE MEMBER STATES' SOCIAL SECURITY SYSTEMS AND, CONSEQUENTLY, IN THE RIGHTS OF PERSONS WORKING IN THE MEMBER STATES. IT FOLLOWS THAT SUBSTANTIVE AND PROCEDURAL DIFFERENCES BETWEEN THE SOCIAL SECURITY SYSTEMS OF THE MEMBER STATES, AND HENCE IN THE RIGHTS OF THE PERSONS WORKING IN THE MEMBER STATES, ARE UNAFFECTED BY ARTICLE 51 OF THE TREATY. HOWEVER, THE COMMUNITY RULES ON SOCIAL SECURITY MUST REFRAIN FROM ADDING TO THE DISPARITIES WHICH ALREADY STEM FROM THE ABSENCE OF HARMONIZATION OF NATIONAL LEGISLATION, AND THE PRINCIPLE OF EQUAL TREATMENT LAID DOWN IN ARTICLES 7 AND 48 OF THE TREATY PROHIBITS NOT ONLY OVERT DISCRIMINATION BASED ON NATIONALITY BUT ALSO ALL COVERT FORMS OF DISCRIMINATION WHICH, BY APPLYING OTHER DISTINGUISHING CRITERIA, IN FACT ACHIEVE THE SAME RESULT. ARTICLE 77 OF REGULATION NO 1408/71, UNDER WHICH THE BENEFITS FOR DEPENDENT CHI
LDREN WHICH A MEMBER STATE MUST PAY TO ITS NATIONALS WHO ARE IN RECEIPT OF A PENSION AND RESIDE IN ANOTHER MEMBER STATE ARE RESTRICTED TO FAMILY ALLOWANCES, IS NOT CONTRARY TO THOSE PRINCIPLES. IT IS A RULE OF GENERAL SCOPE WHICH APPLIES INDISTINCTLY TO ALL NATIONALS OF THE MEMBER STATES AND IS BASED ON OBJECTIVE CRITERIA CONCERNING THE NATURE OF BENEFITS OF THAT KIND AND THE CONDITIONS FOR GRANTING THEM; IT DOES NOT OF ITSELF LEAD TO DISCRIMINATION.

Plný text judikátu (Entire text of the Judgment):