Opinion of Mr Advocate General Mayras

Mr President,

Members of the Court,

I —. Mrs Wörsdorfer, nee Koschniske, of German nationality, exercised a professional or trade activity as an employed person in the Netherlands in 1970, but was forced to stop working on 17 March that year as a result of illness. Since 14 April 1971 she has been receiving benefits under Netherlands law on insurance against incapacity for work, the degree of her invalidity being fixed at between 80 % and 100 %.

II —. The answer to the question is obviously in the affirmative

In reply to the question which has been raised, I propose that the Court rule that the expression son conjoint in Article 10 (1) (b) of Regulation No 574/72 includes the wife as well as the husband of a worker who is entitled to receive dependent child benefits under Article 77 (2) (a) of Regulation No 1408/71, bearing in mind the fact that the competent institution may withold payment of such benefits only to the extent of the amount actually paid under the laws of another Member State.

It would also seem to be advisable to amend the Dutch version of the Council regulation to that effect.

1 Translated from the French.