Дело C-87/76: Bozzone, Заключение от 9 март 1977 г.

1. Is the first subparagraph of Article 10 (1) of Regulation No 1408/71, concerning the waiving of residence clauses, applicable to a recipient of benefits acquired in respect of employment exclusively in an associated territory when such recipient, who is a national of a Member State, resides in the territory of a Member State other than that which is responsible for payment of the social security benefits in respect of employment in the said associated territory

In other words, is Article 2 (2) of the Colonial Decree of 7 August 1952, as amended by the Colonial Decree of 2 July 1956, contrary to the provisions of Regulation No 1408/71 in that it requires actual and habitual residence in Belgium, the Belgian Congo, Ruanda-Urundi or in a State with which a reciprocal agreement has been concluded?

2. Is it necessary to consider a worker employed in an associated territory and at the same time subject to specific legislation enacted by one of the Member States with regard to that territory and the persons employed in it, in this case the Colonial Decree of 7 August 1952, as a worker who is or has been subject to the legislation of one or more Member States within the meaning of Article 2 (1) of Regulation No 1408/71?