Babahenini (External relations) [1998] EUECJ C-113/97 (15 January 1998)

Babahenini (External relations) [1998] EUECJ C-113/97 (15 January 1998)

Article 39(1) of the EEC-Algeria Cooperation Agreement precludes a Member State from refusing to grant a disability allowance to the disabled spouse of a retired Algerian worker residing with her husband in that State, on the ground that she is of Algerian nationality and has never been engaged in a trade or profession, as this constitutes prohibited discrimination based on nationality in the field of social security.

Citation
[1998] EUECJ C-113/97
Parties
Applicant: Mrs Babahenini; Respondent: Belgian State
Jurisdiction
European Union
Judgment Date
15 January 1998
Procedural Posture
Preliminary Ruling / Reference From National Court
Outcome
preliminary ruling in favour of applicant's position
Legal Topics
Non Discrimination, Social Security Benefits, Rights of Migrant Workers, Direct Effect of International Agreements
European Union Law Social Security Law Non Discrimination Social Security Benefits Rights of Migrant Workers Direct Effect of International Agreements

Case Brief

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Parties

Mrs Babahenini

Applicant

Belgian State

Respondent

Procedural Posture

Preliminary Ruling / Reference From National Court

Legal Issues

  1. 1 Whether Article 39(1) of the EEC-Algeria Cooperation Agreement precludes a Member State from refusing disability allowance to the disabled spouse of a retired Algerian worker on grounds of nationality and lack of employment history in the Member State.

Ratio Decidendi

Article 39(1) of the EEC-Algeria Cooperation Agreement precludes a Member State from refusing to grant a disability allowance to the disabled spouse of a retired Algerian worker residing with her husband in that State, on the ground that she is of Algerian nationality and has never been engaged in a trade or profession, as this constitutes prohibited discrimination based on nationality in the field of social security.

Court Disposition

preliminary ruling in favour of applicant's position

Orders

  • Article 39(1) of the EEC-Algeria Cooperation Agreement precludes a Member State from refusing to grant a disability allowance to the disabled spouse of a retired Algerian worker residing with her husband in that State, on the ground that she is of Algerian nationality and has never been engaged in a trade or...