2.Observations submitted by the Italian Government
The Italian Government does not doubt that Article 12 of Regulation No 1612/68 must also apply to the spouse of the worker. In Case 76/72 Michel S. [1973] ECR 457 the Court held that the scope of that article extended to measures in relation to the education of the handicapped although they were not specifically referred to there, since the article did not exhaustively list all cases which might arise but must be interpreted in a broad sense and in the light of the considerations which led to the adoption of the regulation, especially the need referred to in the fifth recital to ensure conditions for the integration of the worker's family into the host country.Even though the Community legislature may not, when drafting the regulation in question, have thought of the position of officials of the Communities, the Italian Government considers that the same principles and the same provisions in the regulation must be applied to persons working for the Communities, especially if they are Community nationals; they clearly are in paid employment in the territory of a Member State in accordance with the Community rules which as such are directly applicable in the territory of the State in question. It is moreover unacceptable that European officials should be placed in a less favourable position than that of any other employed person who is a national of a Member State. Equality of treatment, which derives directly from the general principle of Article 7 of the Treaty even independently and outside the scope of Regulation No 1612/68 is a logical and inescapable premise of the Protocol on the Privileges and Immunities which in consequence is confined (in Article 12 et seq.) to laying down certain rules regarding officials and servants of the Communities with the object of confirming their independence and mobility and governing certain special aspects of their position.The doubt expressed in the second question put by the national court is incomprehensible. The position of the Communities in relation to the national legal systems and their system of resources makes it impossible to contemplate discrimination to the detriment of Community officials resulting directly from the fact that they are not required to contribute to national public expenses. In view of the choice between national and Community taxation and of the obligation to avoid double taxation the second was chosen in order to ensure greater independence for officials of the Communities.
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