«(Freedom of movement for workers – National of a non-Member State who is the spouse of a national of a Member State – Spouse under a prohibition on entering and remaining in that Member State – Temporary establishment of the couple in another Member State – Establishment with a view to acquisition by spouse of a right under Community law to enter and remain in the first Member State – Abuse)»
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(Council Regulation No 1612/68, Art. 10)
(Council Regulation No 1612/68, Art. 10)
(European Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 8; Council Regulation No 1612/68, Art.
10)
JUDGMENT OF THE COURT
23 September 2003 (1)
((Freedom of movement for workers – National of a non-Member State who is the spouse of a national of a Member State – Spouse under a prohibition on entering and remaining in that Member State – Temporary establishment of the couple in another Member State – Establishment with a view to acquisition by spouse of a right under Community law to enter and remain in the first Member State – Abuse))
In Case C-109/01, REFERENCE to the Court under Article 234 EC by the Immigration Appeal Tribunal (United Kingdom) for a preliminary ruling in the proceedings pending before that court between Secretary of State for the Home Departmentand
HaceneAkrich, on the interpretation of Community law on freedom of movement for persons and the right to remain of a national of a non-Member State who is the spouse of the national of a Member State,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 H. Akrich, represented by T. Eicke, the United Kingdom Government, represented by J.E. Collins, and by E. Sharpston QC, and the Greek Government, represented by I. Galani-Maragkoudaki and E.-M. Mamouna, acting as Agents, and the Commission, represented by C. O'Reilly, at the hearing on 5 November 2002,
after hearing the Opinion of the Advocate General at the sitting on 27 February 2003,
gives the following
On those grounds,
THE COURT,
in answer to the questions referred to it by the Immigration Appeal Tribunal by order of 3 October 2000, hereby rules:
Rodríguez Iglesias |
Puissochet |
Wathelet |
Schintgen |
Timmermans |
Edward |
La Pergola |
Jann |
Macken |
Colneric |
von Bahr |
|
R. Grass |
G. C. Rodríguez Iglesias |
Registrar |
President |