Keywords
Summary

Keywords

1 . PRELIMINARY QUESTIONS - REFERENCE TO THE COURT - OBLIGATION TO REFER - INTERLOCUTORY PROCEEDINGS - NO OBLIGATION TO REFER - CONDITIONS - POSSIBILITY OF INSTITUTING PROCEEDINGS ON THE SUBSTANCE OF THE CASE

( EEC TREATY , THIRD PARA . OF ART . 177 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - COMMUNITY RULES - SITUATIONS HAVING NO LINK WITH COMMUNITY LAW - NOT APPLICABLE - RIGHT OF ENTRY AND RESIDENCE - WORKER EMPLOYED IN THE MEMBER STATE OF WHICH HE IS A NATIONAL WHO HAS NEVER EXERCISED THE RIGHT TO FREEDOM OF MOVEMENT - REFUSAL BY THE MEMBER STATE IN QUESTION TO ALLOW ENTRY OR RESIDENCE OF A RELATIVE WHO IS A NATIONAL OF A NON-MEMBER COUNTRY - WHETHER PERMISSIBLE

( REGULATION NO 1612/68 OF THE COUNCIL , ART . 10 )

Summary

1 . THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT A NATIONAL COURT OR TRIBUNAL AGAINST WHOSE DECISIONS THERE IS NO JUDICIAL REMEDY UNDER NATIONAL LAW IS NOT REQUIRED TO REFER TO THE COURT A QUESTION OF INTERPRETATION AS REFERRED TO IN THE FIRST PARAGRAPH OF THAT ARTICLE IF THE QUESTION IS RAISED IN INTERLOCUTORY PROCEEDINGS AND THE DECISION TO BE TAKEN IS NOT BINDING ON THE COURT OR TRIBUNAL WHICH LATER HAS TO DEAL WITH THE SUBSTANCE OF THE CASE , PROVIDED THAT EACH OF THE PARTIES IS ENTITLED TO INSTITUTE PROCEEDINGS OR TO REQUIRE PROCEEDINGS TO BE INSTITUTED ON THE SUBSTANCE OF THE CASE EVEN BEFORE THE COURTS OR TRIBUNALS OF ANOTHER JURISDICTIONAL SYSTEM AND THAT DURING SUCH PROCEEDINGS ANY QUESTION OF COMMUNITY LAW PROVISIONALLY DECIDED IN THE SUMMARY PROCEEDINGS MAY BE RE-EXAMINED AND BE THE SUBJECT OF A REFERENCE TO THE COURT UNDER ARTICLE 177 .

2 . THE TREATY PROVISIONS ON FREEDOM OF MOVEMENT FOR WORKERS AND THE RULES ADOPTED TO IMPLEMENT THEM CANNOT BE APPLIED TO CASES WHICH HAVE NO FACTOR LINKING THEM WITH ANY OF THE SITUATIONS GOVERNED BY COMMUNITY LAW .

IT FOLLOWS THAT COMMUNITY LAW DOES NOT PROHIBIT A MEMBER STATE FROM REFUSING TO ALLOW A RELATIVE , AS REFERRED TO IN ARTICLE 10 OF REGULATION NO 1612/68 OF THE COUNCIL , OF A WORKER EMPLOYED WITHIN THE TERRITORY OF THAT STATE WHO HAS NEVER EXERCISED THE RIGHT TO FREEDOM OF MOVEMENT WITHIN THE COMMUNITY TO ENTER OR RESIDE WITHIN ITS TERRITORY IF THAT WORKER HAS THE NATIONALITY OF THAT STATE AND THE RELATIVE THE NATIONALITY OF A NON-MEMBER COUNTRY .