41The Austrian Government does not agree with the interpretation put forward by the national court to the effect that Article 3(1) of Decision No 3/80 applies only within the territory in which the Turkish national concerned resides. In its view, the scope of that provision is identical to that of Article 3(1) of Regulation No 1408/71. For the application of the latter provision, it is of little importance whether or not the Member State in which the claimant resides and the one under whose legislation the nondiscrimination rule is invoked are the same (see, to that effect, Case C-124/99 Borawitz [2000] ECR I-7293, paragraphs 23 to 35).
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