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Document 61988CJ0009

Summary of the Judgment

Judgment of the Court (Sixth Chamber) of 27 September 1989.
Mário Lopes da Veiga v Staatssecretaris van Justitie.
Reference for a preliminary ruling: Raad van State - Netherlands.
Freedom of movement for workers - Seaman - Act of Accession of Spain and Portugal - Transitional arrangements.
Case 9/88.




Accession of new Member States to the Communities - Portugal - Free movement of persons - Workers - Equal treatment - Portuguese national employed on board a ship of one of the Member States since a date prior to accession - Right to reside in the territory of the Member State in which employment is held

( Act of Accession of 1985, Art . 216(1 ); Regulation No 1612/68 of the Council, Art . 7 et seq .; Council Directive 68/360, Art . 4 )


Article 216(1 ) of the Act of Accession of Portugal must be interpreted as meaning that the provisions relating to the holding of employment and equal treatment which are contained in Article 7 et seq . of Regulation No 1612/68 on freedom of movement for workers within the Community may be relied upon by a Portuguese national who, since a date prior to the accession of Portugal, has been carrying on an activity as an employed person on board a vessel flying the flag of another Member State and who has not been granted possession of a residence document for carrying on an activity as a employed person in the territory of that State, if the employment relationship has a sufficiently close connection with the territory of that Member State .

A Portuguese national who satisfies those conditions may rely on Article 4 of Directive 68/360 under which Member States are to grant the right of residence in their territory to workers from Member States and to their families moving within the Community .