Opinion of Mr Advocate General Da Cruz Vilaça delivered on 9 December 1987

1 Translated from the Portugese.

2 Official Journal, English Special Edition, 1971 (II), p. 416.

3 Official Journal, English Special Edition, 1968 (II), p. 475.

4 Judgment of 24 February 1987 in Joined Cases 379 to 381/85 and 93/86 Giletti and Others v Caisse régionale d'assurances maladie Rhône-Alpes and Others [1987] ECR 955, paragraphs 3 and 4 of the decision. See also my Opinion of 21 January 1987 in those cases.

5 Since the supplementary allowance from the fonds national de solidarité falls within the scope ratione materiae of Regulation No 1408/71, it would appear useful to recall the reasoning adopted by the Court in its judgment of 27 March 1985 in Case 122/84 Scrivner [1985] ECR 1027 at p. 1034, paragraph 16 of the decision, in which it proceeded from the premise that the classification of a benefit (in that case the Belgian minimex) in relation to the concept of social advantage referred to in Article 7 of Regulation No 1612/68 falls to be considered only if it is established that the benefit is not a social security benefit for the purposes of Regulation No 1408/71.

6 See the judgment of 19 March 1964 in Case 75/63 Hoekstra [1964] ECR 177.

7 Case 40/76 [1976] ECR 1669.

8 Case 157/84 [1985] ECR 1739, at p. 1748, paragraphs 15 to 17 of the decision.

9 Case 94/84 [19851 ECR 1873, at pp. 1884 and 1885, paragraphs 14 to 16 of the decision.

10 See Frascogna, paragraph 23 of the decision, and Lkak, paragraph 22 of the decision. See also the judgment of 30 September 1975 in Case 32/75 Cristini [1975] ECR 1085, at p. 1095, paragraph 14 et seq. of the decision; judgment of 16 December 1976 in Case 63/76 Inzirillo [1976] ECR 2057, at p. 2068, paragraphs 19 and 20 of the decision.

11 Case 316/85 [1987] ECR 2811, paragraph 11 of the decision.

12 Joined Cases 35 and 36/82 [1982] ECR 3723, at p. 3736, paragraph 13 et seq. of the decision.

13 Along the same lines, see the judgment of 28 June 1984 in Case 180/83 Moser [1984] ECR 2539, at p. 2547, paragraphs 14 to 16 of trie decision; judgment of 23 January 1986 in Case 298/84 Iorio [1986] ECR 247, paragraph 14 of the decision.