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Travail, Brussels, for a Preliminary Ruling in the Action Pending Before That Court Between JUDGMENT OF 22.6.1972 — CASE 1/72 wage-earners or assimilated workers rocal agreement with the Member State who have worked for periods of time of which that worker is a national since in that State and are entitled to a pen­ such a condition is incompatible with sion there. the rule of equality of treatment which The grant of such a benefit to a foreign is one of the fundamental principles of worker who fulfils these conditions can­ Community law. not depend on the existence of a recip- In Case 1/72 Reference to the Court under Article 177 of the EEC Treaty by the Tribunal du Travail, Brussels, for a preliminary ruling in the action pending before that court between Rita Frilli, residing at Brussels, and Belgian State on the interpretation of Article 7(2) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community and Article 2(1) and (3) of Regulation No 3 of the Council of 25 September 1958 concerning social security for migrant workers, in relation to the Belgian Law of 1 April 1969 establishing a guaranteed income for old people, THE COURT composed of: R. Lecourt, President, J. Mertens de Wilmars, President of Chamber, A. M. Donner, R. Monaco and P. Pescatore (Rapporteur), Judges, Advocate-General: H. Mayras Registrar: A. Van Houtte gives the following 458 FRILLI v BELGIUM JUDGMENT Issues of fact and of law I — Facts and procedure On 16 December 1971, further to the ar­ guments put forward at the hearing on 18 Mrs Rita Frilli, an Italian national, born November 1971, the Tribunal du Travail, on 29 March 1908, was employed in Bel­ Brussels, Eleventh Chamber, decided to gium in 1966 and 1967 and has continued request the Court of Justice for a prelimi­ to reside there. nary ruling under Article 177 of the EEC She receives a Belgian retirement pension Treaty on the following questions : amounting to BFrs 350 per month in respect of that employment. (1) Is the guaranteed income granted by On 14 May 1969 Mrs Frilli lodged a claim virtue of the Belgian Law of 1 April with the Department of Old-Age Pensions 1969 a social advantage within the of the Belgian Ministry of Social Security meaning of Article 7(2) of Regulation for payment of the guaranteed income for No 1612/68 of the Council? old people established by the Belgian Law of 1 April 1969 (Moniteur belge of 29 April (2) Is the guaranteed income which is a 1969, p. 3954). non-contributory social benefit granted On 5 April 1971 the Department of Old- by the State to old people within the Age Pensions gave notice to Mrs Frilli that meaning of the Belgian Law of 1 April a decision had been taken rejecting this 1969, an old-age benefit within the request. This decision was based on Article meaning of Article 2(l)(c) of Regula­ 1 (2) of the Law of 1 April 1969 which tion No 3 or is it a social assistance provides that 'every recipient shall either benefit within the meaning of Article be of Belgian nationality or a national of a 2(3) of this regulation? country with which Belgium has concluded a reciprocal agreement concerning this The decision of the Tribunal du Travail matter, or a stateless person, or a refugee was registered at the Court Registry on 6 recognized as such', and on the fact that January 1972. Mrs Frilli is of Italian nationality, and is Written observations were lodged on 27 thus a national of a country with which January 1972 by the plaintiff in the main Belgium has not concluded a reciprocal action, on 7 March by the Belgian State, agreement concerning guaranteed income. represented by the Minister for Social On 28 May 1971 Mrs Frilli appealed Security, on 14 March by the Commission against this decision to the Tribunal du of the European Communities and on 23 Travail, Brussels. March by the Government of the Italian In support' of her case she called attention Republic in accordance with Article 20 of to Article 7(2) of Regulation No 1612/68 the Protocol on the Statute of the Court of of the Council of 15 October 1968 on free­ Justice of the EEC. dom of movement for workers within the After hearing the report of the Judge- Community (OJ, English Special Edition Rapporteur and the views of the Advocate- 1968(11), p. 475) which . provides that 3 General the Court decided to open the oral worker who is a national of a Member procedure without any preparatory in­ State shall enjoy, in the territory of another quiry. Member State, 'the same social and tax At the request of the Court, the plaintiff in advantage as national workers' and to the the main action, the Belgian State and the general provisions (Head I) of Regulation Commission produced additional informa­ No 3 of the Council of 25 September 1958 tion in writing. concerning social security for migrant At the hearing on 25 April 1972 the Belgian workers (JO, No 30, p. 561). State, the Government of the Italian Re- 459 JUDGMENT OF 22.6.1972 — CASE 1/72 public and the Commission of the Euro­ respect of full working life under some pean Communities presented oral argu­ other scheme were able to obtain an in­ ment and answered questions put by the crease in their pension at the expense of the Court. State. By virtue of the principle of equality The Advocate-General delivered his opin­ of treatment employed persons who were ion at the hearing on 17 May 1972. nationals of a Member State of the Com­ In the procedure before the Court the munities were able, before the Law on the plaintiff in the main action lodged obser­ guaranteed income came into force, to vations personally, the Belgian State was qualify for these increases under ths same represented by the Minister for Social conditions as Belgian nationals. Security for the purposes of the written procedure and by Jacques Bastelous, Ad­ (b) Social and medical assistance is gov­ vocate at the Cour d'Appel, Brussels, for erned in Belgium by the Laws of 27 No­ the purposes of the oral procedure, the vember 1891 and 10 March 1925. It is Government of the Italian Republic by granted to persons in need by local national Adolfo Maresca, Minister Plenipotentiary, assistance boards which, being autono­ assisted by Giorgio Zagari, Sostituto mous, decide on their own authority upon Awocato dello Stato, and the Commission the need for, and the nature and amount by its Legal Adviser, Italo Teichini. of, the assistance to be granted. (c) Should the guaranteed income be con­ Il — Observations submitted to the sidered as social assistance benefit and thus Court excluded from the scope of application of Regulation No 3, it could be granted to the plaintiff in the main action by virtue of The written and oral observations sub­ Article 1 of the European Convention on mitted to the Court may be summarized Social and Medical Assistance signed in as follows : Paris on 11 December 1953 by the Member States of the Council of Europe. Mrs Rita Frilli, the plaintiff in the main action, argues that the guaranteed income established by the Belgian Law of 1 April The observations submitted by the Belgian 1969 is a non-contributory old-age pension State, Ministry for Social Security, the and not a social assistance benefit. defendant in the main action, are essen­ (a) She says that the guaranteed income is tially as follows : granted at the normal retirement age, is paid by the Caisse nationale des pensions (a) Regulation No 1612/68, adopted pur­ des travailleurs salariés (National Pension suant to Article 49 of the EEC Treaty, Fund for Employed Persons) and is entirely applies to employed persons only. The borne by the State. Furthermore both the guaranteed income for old people, estab­ holiday allowance provided for by the Law lished by the Belgian Law of 1 April 1969 of 13 June 1966 on retirement pensions and is not specially intended for the active survivor's pensions for employed persons, working population and thus does not fall and compulsory medical benefits are ex­ within the scope of application of this tended to recipients of the guaranteed in­ regulation. come. Even if Regulation No 1612/68 had to be The Law of 1 April 1969, establishing a considered as applicable, the guaranteed guaranteed income, repealed certain pro­ income would have to be excluded from visions of the Law of 12 February 1963 its subject-matter: Article 7(2) which concerning the organization of a scheme guarantees for workers who are nationals for retirement and survivors' pensions for of a Member State enjoyment of the same persons insured privately. Under these pro­ social and tax advantages as national visions persons insured privately and per­ workers only covers social advantages sons who did not receive a pension in dependent on employment which are nec- 460 FRILLI ν BELGIUM essary for the attainment of freedom of to conclude reciprocal agreements. During movement for workers. the course of these negotiations none of the States concerned have contested the valid­ (b) As for Regulation No 3 it should be ity of the Belgian position and none have noted that the decisive factor for distin­ pointed to the existence of Regulations guishing between social assistance benefits Nos 3 and 4. They have thus shared the and social security schemes, the latter alone view that these regulations are not appli­ being covered by Regulation No 3, is not cable to the guaranteed income for old their contributory or non-contributory na­ people.
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