Lebon (C-316/85) [1987] ECR 2811

Facts

• Ms Lebon, a French national, moved to Belgium to seek employment.
• She applied for the Belgian “minors’ allowance”, a cash benefit for persons with dependent children.
• Belgian authorities refused payment because she was not habitually resident in Belgium.
• The Belgian court referred questions to the Court of Justice of the European Union (CJEU) on whether the allowance fell within Article 7(2) of Regulation (EEC) 1612/68, which guarantees equal treatment for migrant workers in respect of “social advantages”.
• The reference required the CJEU to distinguish “social advantages” from “social assistance” and to clarify the equal-treatment rights of job-seekers.

Issues

1. Does a minors’ allowance granted independently of past employment constitute a “social advantage” under Article 7(2) of Regulation 1612/68?
2. If it is not a social advantage, may a Member State impose residence or similar conditions on job-seekers claiming the allowance?
3. What criteria determine whether a benefit is classified as a social advantage or as social assistance for the purpose of migrant workers’ equal treatment?

Decision

• The minors’ allowance was classified as social assistance because entitlement was unrelated to any previous employment or objective status as a worker.
• Article 7(2) of Regulation 1612/68 therefore did not oblige Belgium to grant the allowance to Ms Lebon on equal terms with Belgian nationals.
• Member States may lawfully impose residence or other conditions on job-seekers in relation to social assistance, provided such conditions do not impede access to the labour market contrary to Treaty principles.
• Only benefits linked to prior occupational activity or to the objective status of “worker” fall within Article 7(2).

Legal Principles

• “Social advantages” are benefits connected to a worker’s employment history or objective status as a worker, including periods of unemployment following employment.
• “Social assistance” targets persons lacking sufficient resources and is independent of employment links; it lies outside Article 7(2).
• Job-seekers enjoy free movement but do not possess an unconditional right to social assistance in the host State.
• The classification of a benefit depends on its purpose, eligibility criteria, and connection to employment.
• Regulation 1612/68 (reflected in Article 45 TFEU) maintains a clear distinction between workers and non-workers for equal-treatment purposes, as confirmed in Lebon.

Conclusion

Lebon establishes that Article 7(2) of Regulation 1612/68 affords equal treatment only for benefits tied to worker status. Purely welfare-based allowances are social assistance, permitting Member States to impose residence or similar conditions on job-seekers who claim them.