Belgian State v. Fatna Mesbah, Case C-179/98, CJEU, 11 November 1999

Refusal of granting unemployment benefit to a family member of a Moroccan worker resident with him on account of his nationality. Absence of discrimination based on citizenship.

Art. 41 EEC-Morocco cooperation agreement.

1. The notion of "family members" of the Moroccan migrant worker, pursuant to art. 41 of the Cooperation Agreement between the EEC and Morocco, which recognises the principle of prohibition of any discrimination in the field of social security not only to the Moroccan migrant worker himself, but also to cohabiting family members, includes the ascendants of the worker and of the spouse resident in the host Member State.

2. The family member of a migrant worker of Moroccan nationality, when the latter acquired the nationality of the host Member State before the date on which that family member began to reside with him in that Member State and applied for a social security benefit by virtue of the legislation of this State, cannot refer to art. 41 of the Cooperation Agreement between the EEC and Morocco and to the Moroccan worker citizenship in order to invoke the principle of equal treatment in the field of social security.