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Document 62000CJ0466
Judgment of the Court of 6 March 2003.#Arben Kaba v Secretary of State for the Home Department.#Reference for a preliminary ruling: Immigration Adjudicator - United Kingdom.#Free movement of workers - Regulation (EEC) No 1612/68 - Social advantage - Right of the spouse of a migrant worker to obtain leave to remain indefinitely in the territory of a Member State.#Case C-466/00.
Judgment of the Court of 6 March 2003.
Arben Kaba v Secretary of State for the Home Department.
Reference for a preliminary ruling: Immigration Adjudicator - United Kingdom.
Free movement of workers - Regulation (EEC) No 1612/68 - Social advantage - Right of the spouse of a migrant worker to obtain leave to remain indefinitely in the territory of a Member State.
Case C-466/00.
Judgment of the Court of 6 March 2003.
Arben Kaba v Secretary of State for the Home Department.
Reference for a preliminary ruling: Immigration Adjudicator - United Kingdom.
Free movement of workers - Regulation (EEC) No 1612/68 - Social advantage - Right of the spouse of a migrant worker to obtain leave to remain indefinitely in the territory of a Member State.
Case C-466/00.
European Court Reports 2003 I-02219
ECLI identifier: ECLI:EU:C:2003:127
«(Free movement of workers – Regulation (EEC) No 1612/68 – Social advantage – Right of the spouse of a migrant worker to obtain leave to remain indefinitely in the territory of a Member State)»
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(Art. 234 EC)
(Art. 234 EC)
(Council Regulation No 1612/68, Art. 7(2))
JUDGMENT OF THE COURT
6 March 2003(1)
((Free movement of workers – Regulation (EEC) No 1612/68 – Social advantage – Right of the spouse of a migrant worker to obtain leave to remain indefinitely in the territory of a Member State))
In Case C-466/00, REFERENCE to the Court under Article 234 EC by the Immigration Adjudicator (United Kingdom) for a preliminary ruling in the proceedings pending before that tribunal between Arben Kabaand
Secretary of State for the Home Department, on the interpretation of the general principles of law governing proceedings before the Court of Justice and of Article 7(2) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968 (II), p. 475),THE COURT,,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Mr Kaba, represented by R. Allen and T. Eicke; of the United Kingdom Government, represented by G. Amodeo and R. Plender; of the Netherlands Government, represented by H.G. Sevenster, acting as Agent; and of the Commission, represented by M. Shotter, acting as Agent, at the hearing on 16 April 2002,
after hearing the Opinion of the Advocate General at the sitting on 11 July 2002,
gives the following
On those grounds,
THE COURT,
in answer to the questions referred to it by the Immigration Adjudicator by order of 19 December 2000, hereby rules: The reply which the Court, in its judgment in Case C-356/98 Kaba , gave to the questions referred in that case for a preliminary ruling would not have been different had the Court taken into consideration the fact that the situation under national law of the spouse of a migrant worker who is a national of a Member State other than the United Kingdom of Great Britain and Northern Ireland and that of the spouse of a person who is present and settled in the United Kingdom are, according to the referring tribunal, comparable in all respects except with regard to the period of prior residence which is required for the purpose of being granted indefinite leave to remain in the United Kingdom. In view of the fact that the situations are not comparable under Community law, the question whether such a difference in treatment may be justified has no relevance in this regard.
Rodríguez Iglesias |
Puissochet |
Wathelet |
Schintgen |
Timmermans |
Edward |
Jann |
Macken |
Colneric |
von Bahr |
Cunha Rodrigues |
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R. Grass |
G.C. Rodríguez Iglesias |
Registrar |
President |