This document is an excerpt from the EUR-Lex website
Document 62000CJ0257
Judgment of the Court (Fifth Chamber) of 9 January 2003. # Nani Givane and Others v Secretary of State for the Home Department. # Reference for a preliminary ruling: Immigration Appeal Tribunal - United Kingdom. # Freedom of movement for workers - Regulation (EEC) No 1251/70 - Right of workers to remain in the territory of a Member State after having been employed in that State - Right of residence of members of the family of a deceased worker - Requirement of the worker's continuous residence for at least two years. # Case C-257/00.
Judgment of the Court (Fifth Chamber) of 9 January 2003.
Nani Givane and Others v Secretary of State for the Home Department.
Reference for a preliminary ruling: Immigration Appeal Tribunal - United Kingdom.
Freedom of movement for workers - Regulation (EEC) No 1251/70 - Right of workers to remain in the territory of a Member State after having been employed in that State - Right of residence of members of the family of a deceased worker - Requirement of the worker's continuous residence for at least two years.
Case C-257/00.
Judgment of the Court (Fifth Chamber) of 9 January 2003.
Nani Givane and Others v Secretary of State for the Home Department.
Reference for a preliminary ruling: Immigration Appeal Tribunal - United Kingdom.
Freedom of movement for workers - Regulation (EEC) No 1251/70 - Right of workers to remain in the territory of a Member State after having been employed in that State - Right of residence of members of the family of a deceased worker - Requirement of the worker's continuous residence for at least two years.
Case C-257/00.
Thuarascálacha na Cúirte Eorpaí 2003 I-00345
ECLI identifier: ECLI:EU:C:2003:8
«(Freedom of movement for workers – Regulation (EEC) No 1251/70 – Right of workers to remain in the territory of a Member State after having been employed in that State – Right of residence of members of the family of a deceased worker – Requirement of the worker's continuous residence for at least two years)»
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(Commission Regulation No 1251/70, Art. 3(2), first indent)
JUDGMENT OF THE COURT (Fifth Chamber)
9 January 2003 (1)
((Freedom of movement for workers – Regulation (EEC) No 1251/70 – Right of workers to remain in the territory of a Member State after having been employed in that State – Right of residence of members of the family of a deceased worker – Requirement of the worker's continuous residence for at least two years))
In Case C-257/00,
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 Nani Givane and Othersand
Secretary of State for the Home Department, on the interpretation of Article 3(2) of Commission Regulation (EEC) No 1251/70 of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State (OJ, English Special Edition 1970 (II), p. 402),THE COURT (Fifth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 16 May 2002,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
in answer to the question referred to it by the Immigration Appeal Tribunal by order of 28 April 2000, hereby rules: On a proper construction of the first indent of Article 3(2) of Commission Regulation (EEC) No 1251/70 of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State the period of two years' continuous residence required by that provision must immediately precede the worker's death.
Wathelet |
Timmermans |
Edward |
Jann |
Rosas |
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R. Grass |
M. Wathelet |
Registrar |
President of the Fifth Chamber |