Rita Frilli v Belgian State. (Preliminary Questions ) [1972] EUECJ R-1/72 (22 June 1972)

Rita Frilli v Belgian State. (Preliminary Questions ) [1972] EUECJ R-1/72 (22 June 1972)

A guaranteed income for old people, granted by legislation of general application to all elderly residents, constitutes an 'old-age benefit' under Regulation No 3 for employed or assimilated workers entitled to a pension in that state. Conditioning the grant of such a benefit to foreign workers on the existence of a reciprocity agreement is incompatible with the principle of equality of treatment under Community law.

Citation
[1972] EUECJ R-1/72
Parties
Applicant: Rita Frilli; Respondent: Belgian State
Jurisdiction
European Union
Judgment Date
22 June 1972
Procedural Posture
Reference for a Preliminary Ruling / Judgment on Preliminary Questions
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Social Security for Migrant Workers, Old Age Benefits, Equality of Treatment, Freedom of Movement for Workers
European Union Law Social Security Law Social Security for Migrant Workers Old Age Benefits Equality of Treatment Freedom of Movement for Workers

Case Brief

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Parties

Rita Frilli

Applicant

Belgian State

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Judgment on Preliminary Questions

Legal Issues

  1. 1 Whether the Belgian guaranteed income for old people is an 'old-age benefit' or 'social assistance' under Regulation No 3
  2. 2 Whether granting such benefit to foreign workers can be conditioned on reciprocity agreements

Ratio Decidendi

A guaranteed income for old people, granted by legislation of general application to all elderly residents, constitutes an 'old-age benefit' under Regulation No 3 for employed or assimilated workers entitled to a pension in that state. Conditioning the grant of such a benefit to foreign workers on the existence of a reciprocity agreement is incompatible with the principle of equality of treatment under Community law.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • The guaranteed income for old people is an 'old-age benefit' under Regulation No 3 for employed or assimilated workers entitled to a pension in the state.
  • Grant of such benefit to a foreign worker cannot depend on the existence of a reciprocity agreement with the worker's state of nationality.