Keywords
Summary

Keywords

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1 . Preliminary rulings - Reference to the Court - National court within the meaning of Article 177 of the Treaty - Court whose jurisdiction covers an overseas country or territory

( EEC Treaty, Art . 177 )

2 . Association of overseas countries and territories - Right of nationals of other Member States to enter and reside in an overseas country or territory on a non-discriminatory basis - Application confined to the field of freedom of establishment and freedom to provide services

( Council Decision 86/283, Art . 176 )

3 . Association of overseas countries and territories - Exercise of freedom of establishment and freedom to provide services by nationals of other Member States - Prohibition of discrimination - Direct effect - Conditions

( Council Decision 86/283, Art . 176 )

Summary

1 . As a court or tribunal of a Member State, a court whose jurisdiction covers an overseas country or territory associated with the Community may request a preliminary ruling in accordance with the procedure laid down in Article 177 of the Treaty .

2 . The arrangements governing matters of establishment and provision of services in the overseas countries and territories, including the prerequisite right to enter and reside in those countries and territories, must, under Article 176 of Decision 86/283, be applied without discrimination only to nationals of Member States who actually carry on or seek to carry on an activity as a self-employed person under the same conditions as those applied to nationals of the Member State of which the overseas country or territory in question is a dependency, subject to the condition of reciprocity laid down in that article . They do not, however, extend to the entry into and residence in those countries and territories of other nationals of Member States who do not carry on or seek to carry on an activity as a self-employed person .

3 . The prohibition of discrimination laid down by Article 176 of Decision 86/283 may be relied on before the relevant authorities of a country or a territory by a national of a Member State other than the one with which that country or territory maintains special relations, for the purpose of establishing himself or providing services there, provided that the person concerned satisfies the conditions required of nationals not established in that country or territory and if the Member State of which he is a national accords the same treatment to persons from the country or territory in question .