Opinion of Mr Advocate General Tesauro delivered on 22 February 1990

1 Original language: Italian.

2 OJ, English Special Edition 1971 (II), p. 416; See the version codified in OJ 1983, L 230, p. 8.

3 See the judgments of 3 June 1986 en Case 139/85 Kempf v Staatssecretaris van Justitie [1986] ECR 1741, and of 23 March 1982 in Case 53/81 Levin v Staatssecretaris van Justitie [1982] ECR 1035

4 JO 1958, 30, p. 561.

5 See for example the judgment of 21 March 1964 in Case 75/63 Hoekstra v Bedrijfsvereniging Detailhandel [1964] ECR 177.

6 Moreover the Court has stated that the status of worker within the meaning of Regulation No 1408/71 is acquired when the worker complies with the substantive conditions laid down objectively by the social security scheme applicable to him even if the steps necessary for affiliation to that scheme have not been completed (see the judgment of 15 December 1976 in Case 39/76 Metaalmijverheid v Mouthaan [1976] ECR 1901, paragraph 10).

7 The third question referred for a preliminary ruling was as follows: If the answer to Question 1 is no, does the legislation of the Member State on whose territory the former principal activities were last carried out continue to apply pursuant to Article 13(2)(a) even after the date of retirement?

8 See the judgments of 24 April 1980 in Case 110/79 Coonan v Insurance Officer [1980] ECR 1445, paragraph 12, and of 12 July 1979 in Case 266/78 Brunori v Landesverstcherungsanstalt Rhen Provinz [1979] ECR 2705, paragraph 6.

9 See the judgment of 17 May 1984 in Case 101/83 Raad van Arbeid v Brusse [1984] ECR 2223, paragraph 28

10 See the judgment of 18 July 1986 in Case 60/85 Lmjten \ Raad van Arbeid [1986] ECR 2365, paragraph 14

11 See the judgment of 23 September 1982 in Case 276/81 Sociale Verzekeringsbank v Knijpers [1982] ECR 3027, paragraph 14

12 See the judgment of 23 September 1982 in Case 275/81 Koks v Raad van Arbeid [ 1982] ECR 3013, paragraph 10

13 The fifth question was as follows: If not, can it be said on the basis of Article 73(1) of Regulation (EEC) No 1408/71 that residence requirements such as that in the opening words and subparagraph (a) of Article 6(1) of the Algemene Kinderbijslagwet cannot be relied on against the retired worker concerned?