Report for the Hearing in Case C-326/90

I — Facts

A — Relevant Provisions

(a) Community law

1. Title II of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968 (II), p. 475) lays down rules concerning employment and equal treatment. In particular, Article 7(2) provides that a worker who is a national of a Member State shall enjoy the same social and tax advantages as national workers.

(b) National legislation

2. By virtue of Article 1 of the Belgian Law of 1 April 1969 establishing a guaranteed income for old people, as amended by Royal Decree No 417 of 16 July 1986, the grant of that allowance is subject to the requirement that the person concerned should have resided for a period of five years on Belgian territory preceding the date of qualification for the grant or for ten years during his life. That requirement is imposed on all claimants, whatever their nationality.

B — Background to the dispute

3. Since it considered that the abovementioned national legislation was incompatible with Community law, the Commission decided to send a letter before action under Article 169 of the EEC Treaty to the Belgian Government on 29 September 1988.

II — Written procedure and forms of order sought by the parties

4. The Commission's application was registered at the Court Registry on 23 October 1990.

5. The Belgian Government did not formally seek any orders.

III — Pleas in law and arguments of the parties

6. The Commission considers firstly that, according to the settled case-law of the Court, the allowances at issue in this case may fall within the scope either of the concept of social advantages within the meaning of Article 7(2) of Regulation (EEC) No 1612/68 or of the social security benefits referred to in Article 4 of Regulation (EEC) No 1408/71.

7. The Belgian Government states that it has decided to amend the legislation in question with a view to bringing it into line with Community law. To that end, a draft law is in progress which will be communicated to the Commission as soon as it is approved.

1 Language of the case: French.