Keywords
Summary

Keywords

1 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - RIGHT OF RESIDENCE OF FAMILY MEMBERS - ' SPOUSE ' - MEANING

( COUNCIL REGULATION NO 1612/68 , ART . 10 ( 1 ))

2 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - EQUAL TREATMENT - ' SOCIAL ADVANTAGES ' - MEANING - COHABITATION WITH AN UNMARRIED COMPANION - ENTITLEMENT OF A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE , UNDER THE SAME CONDITIONS AS NATIONALS OF THE HOST STATE , TO A RESIDENCE PERMIT FOR HIS UNMARRIED COMPANION

( EEC TREATY , ARTS 7 AND 48 ; COUNCIL REGULATION NO 1612/68 , ART . 7 ( 2 ))

Summary

1 . ARTICLE 10 ( 1 ) OF REGULATION NO 1612/68 CANNOT BE INTERPRETED AS MEANING THAT THE COMPANION , IN A STABLE RELATIONSHIP , OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE AND IS EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE MUST IN CERTAIN CIRCUMSTANCES BE TREATED AS HIS ' SPOUSE ' FOR THE PURPOSES OF THAT PROVISION .

2 . THE POSSIBILITY FOR A MIGRANT WORKER OF OBTAINING PERMISSION FOR HIS UNMARRIED COMPANION TO RESIDE WITH HIM , WHERE THAT COMPANION IS NOT A NATIONAL OF THE HOST MEMBER STATE , CAN ASSIST HIS INTEGRATION IN THE HOST STATE AND THUS CONTRIBUTE TO THE ACHIEVEMENT OF FREEDOM OF MOVEMENT FOR WORKERS . CONSEQUENTLY , THAT POSSIBILITY MUST BE REGARDED AS FALLING WITHIN THE CONCEPT OF A SOCIAL ADVANTAGE FOR THE PURPOSES OF ARTICLE 7 ( 2 ) OF REGULATION NO 1612/68 .

IT MUST THEREFORE BE CONCLUDED THAT A MEMBER STATE WHICH GRANTS SUCH AN ADVANTAGE TO ITS OWN NATIONALS CANNOT REFUSE TO GRANT IT TO WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES WITHOUT BEING GUILTY OF DISCRIMINATION ON GROUNDS OF NATIONALITY , CONTRARY TO ARTICLES 7 AND 48 OF THE TREATY .