Case 316/85 Lebon [1987] ECR 2811

Key point
  • Equal treatment with regard to social and tax advantages, which is laid down by Article 7(2) of Regulation No 1612/68, applies only to workers and excludes those seeking employment
Facts
  • Lebon was a French national who lived in Belgium with her father, who is also a French national and who is in receipt of a retirement pension in Belgium
  • Lebon was unemployment and sought to claim Belgian social welfare payments, which were discontinued
  • Lebon sought to argue that she was entitled to the payments inter alia, on the grounds that
    1. Through Article 7(2) of Regulation No 1612/68, as social welfare payments accruing to descendants of a worker can be regarded as a ‘social advantage’
    2. She herself was entitled to equal treatment in relation to social advantages under Article 7(2) of Regulation No 1612/68 as she was a ‘worker’, having been actively searching for a job
Held
  • Lebon was not entitled to social welfare payments
Judgment

On the first ground

  • Family members of a ‘worker’ can only claim for social benefits through the worker himself, provided that ‘such benefits may be regarded as a social advantage, within the meaning of Article 7(2) of Regulation No 1612/68, for the worker himself’: [12]
  • Descendants of a ‘worker’ who have reached the age of 21 and are no longer dependent on him may not rely on the right to equal treatment guaranteed by community law in order to claim a social benefit
  • ‘In the circumstances, that benefit does not constitute for the worker a social advantage within the meaning of Article 7(2) of Regulation No 1612/68, inasmuch as he is no longer supporting his descendant’: [13]

On the second ground

  • Equal treatment with regard to social and tax advantages, which is laid down by Article 7(2) of Regulation No 1612/68, applies only to workers, and that those who move in search of employment qualify for such equal treatment only as regards access to employment in accordance with Article 48 TFEU and Articles 2 and 5 of that regulation
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