Opinion of Mr Advocate General Darmon

Mr President,

Members of the Court,

1. On 6 March 1981 Mrs Johanna W. H. Kromhout, a Netherlands national, divorced Mr Thomas Beelitz, a German national. Mr and Mrs Beelitz, who lived together in Germany, had separated in January 1980 and Mrs Kromhout returned to the Netherlands in order to settle there with the two children of the marriage who were born on 18 May 1973 and 3 December 1979 respectively.

2. The first question submitted by the Raad van Beroep can be explained by Mrs Kromhout's status which is that of a divorced woman. Under Article 2 (1) of Regulation No 1408/71 which provides that:

3. The second and third questions submitted for a preliminary ruling call for a joint answer concerning the relationship between the rights acquired under national legislation alone and those arising under Community law. In this area, the case-law of the Court is well established. The Court has elicited from Article 51 of the EEC Treaty and from the regulations adopted for its implementation the following principles :

4. The fourth and final question submitted by the national court is concerned with the scope of Article 10 (1) of Regulation No 574/72, in so far as that provision applies to allowances the acquisition of entitlement to which is not conditional on either insurance or employment. The Algemene Kinderbijslagwet establishes a statutory system of compulsory insurance as regards family allowances.

5. In conclusion, therefore, I consider that the Court should answer the questions submitted by the Raad van Beroep, The Hague, as follows :

1 Translated from the French.

2 Emphasis added.