Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

61996J0085 European Court reports 1998 Page I-02691 1
Judgment of the Court
of 12 May 1998
María Martínez Sala v Freistaat Bayern.
Reference for a preliminary ruling: Bayerisches Landessozialgericht - Germany.
Articles 8A, 48 and 51 of the EC Treaty - Definition of 'worker' - Article 4 of Regulation (EEC) No
1408/71 - Child-raising allowance - Definition of 'family benefit'- Article 7(2) of Regulation (EEC) No
1612/68 - Definition of 'social advantage' - Requirement of possession of a residence permit or
authorization.
Case C-85/96.
1 Social security for migrant workers - Community rules - Scope ratione materiae - Child-raising
allowance intended to meet family expenses of the recipient, granted on the basis of objective and legally
defined criteria - Whether included
(Council Regulation No 1408/71, Art. 4(1)(h))
2 Freedom of movement for persons - Workers - Equal treatment - Social advantages - Definition -
Child-raising allowance intended to meet family expenses of the recipient, granted on the basis of
objective and legally defined criteria - Whether included
(Council Regulation 1612/68, Art. 7(2))
3 Freedom of movement for persons - Workers - Definition of worker - Definition varying according to
area in which it is applied - Worker within the meaning of Article 48 of the Treaty and Regulation No
1612/68 - Definition - Employed person within the meaning of Regulation No 1408/71 - Definition
(EC Treaty, Arts 48 and 51; Council Regulations Nos 1612/68 and 1408/71, Arts 1(a) and 2))
4 Citizenship of the European Union - Treaty provisions - Scope ratione personae - National of one
Member State lawfully residing on the territory of another Member State - Whether included - Effect -
Benefit of rights attaching to the status of citizen of the European Union
(EC Treaty, Arts 6 and 8(2))
5 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Child-raising
allowance - Conditions for granting - National rules requiring only nationals of other Member States to
produce a residence permit - Not permissible
(EC Treaty, Art. 6)
1 A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain
objective criteria, without any individual and discretionary assessment of personal needs, and which is
intended to meet family expenses, falls within the scope ratione materiae of Community law as a family
benefit within the meaning of Article 4(1)(h) of Regulation No 1408/71.
2 A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain
objective criteria, without any individual and discretionary assessment of personal needs, and which is
intended to meet family expenses, falls within the scope ratione materiae of Community law as a social
advantage within the meaning of Article 7(2) of Regulation No 1612/68.
The concept of social advantage covers all the 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 Member States therefore seems likely to facilitate the mobility of such
workers within the Community
3 There is no single definition of worker in Community law: it varies according to the area in which the
definition is to be applied. For instance, the definition of worker used in the context
© An extract from a JUSTIS database
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