recommend june gottardo judgment advantag enjoi state nation bilater convent social secur member countri grant worker nation member state ec administr commiss european commun social secur migrant worker regard articl council regul eec june applic social secur scheme emploi person emploi person member famili move commun made respons deal administr question aris provis regul eec subsequ regul regard articl regul respons foster develop cooper member state social secur matter regul eec adopt basi articl essenti instrument exercis fundament freedom provid treati principl discrimin ground nation essenti safeguard freedom movement emploi person provid articl treati impli abolit discrimin settl worker member state migrant worker respect employ pai work condit gottardo court justic act principl set articl relat person resid commun work franc itali switzerland person suffici entitl pension itali ask period insur complet switzerland itali aggreg provid bilater convent itali switzerland benefit nation court rule case member state conclud bilater intern convent social secur member countri account period insur complet member countri acquisit entitl ag benefit fundament principl equal treatment requir member state grant nation member state advantag nation enjoi convent provid object justif refus paragraph connect court state interpret term quot legisl quot articl regul eec affect oblig member state compli principl equal treatment laid articl ec treati court consid disturb balanc reciproc bilater intern convent conclud member state member countri constitut object justif refus member state parti convent extend nation member state advantag nation deriv convent court accept object effect increas financi burden administr difficulti liais compet author member countri question justifi member state parti bilater convent fail compli treati oblig import conclus drawn judgment crucial commun nation exercis move freeli member state reason made clear bilater convent social secur member state member countri interpret effect advantag enjoi nation member state parti convent principl grant commun nation situat object term irrespect uniform applic gottardo rule individu case exist bilater convent review regard agreement conclud previous articl ec treati state quot member state state concern step elimin incompat establish quot regard agreement conclud januari date member state access european commun articl ec treati requir member state quot abstain measur jeopardis attain object treati quot regard bilater convent social secur conclud member state member countri import bear mind includ specif refer principl discrimin ground nation relat nation member state exercis move freeli member state parti convent concern applic gottardo judgment individu case depend larg cooper member countri certifi period insur complet person concern administr commiss deal question rule gottardo concern applic principl equal treatment field social secur recommend accord principl equal treatment discrimin state nation nation member state exercis move freeli pursuant articl ec treati advantag pension enjoi state worker emploi emploi person convent social secur member countri principl grant worker emploi emploi person nation member state situat object term bilater convent social secur conclud member state member countri make specif refer principl discrimin ground nation nation member state exercis free movement member state parti convent concern member state inform institut countri sign social secur convent provis appli respect nation implic gottardo rule cooper appli rule court member state conclud bilater convent member countri act jointli request cooper cooper essenti rule compli chairman administr commiss théodora tsotsor oj judgment januari case judgment august case grana novoa ecr