Keywords
Summary

Keywords

Freedom of movement for persons - Workers - Right of family members to take up salaried employment - Community rules - Not applicable in a situation purely internal to a Member State - National of a non-member country married to a national of a Member State never having exercised the right to freedom of movement

(Council Regulation No 1612/68, Art. 11)

Summary

The Treaty rules governing freedom of movement for workers and regulations adopted to implement them cannot be applied to cases which have no factor linking them with any of the situations governed by Community law and all elements of which are purely internal to a single Member State.

A national of a non-member country married to a worker having the nationality of a Member State cannot, therefore, rely on the right conferred by Article 11 of Regulation No 1612/68 on freedom of movement for workers within the Community when that worker has never exercised the right to freedom of movement within the Community.