24Suffice it to note in this regard that the scope ratione personae of Article 39(1) of the Agreement is not the same as that of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), defined in Article 2 thereof, with the result that the case-law in which a distinction is drawn between the derived rights and the personal rights of the members of the migrant worker's family in the context of Regulation No 1408/71, and which, moreover, has been recently clarified by the judgment in Case C-308/93 Bestuur van de Sociale Verzekeringsbank v Cabanis-Issarte [1996] ECR I-2097, cannot be applied in the context of the Agreement, as is clear from paragraph 39 of the judgment in Krid (see, by way of analogy, the judgment in Kziber and paragraph 30 of the judgment in Hallouzi-Choho).
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