Keywords
Summary

Keywords

Freedom of movement for persons — Workers — Right to remain in the territory of a Member State after having been employed there — Right of residence of family members of a deceased worker — Requirement of the worker ' s continuous residence for at least two years — Period must immediately precede the death — (Commission Regulation No 1251/70, Art. 3(2), first indent)

Summary

The first indent of Article 3(2) of Regulation No 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that State, which provides that the members of the family of a worker who dies during his working life and before having acquired the right to remain in the territory of the host Member State shall be entitled to remain there permanently on condition that such worker, on the date of his decease, had resided continuously in the territory of that Member State for at least two years, is to be interpreted as meaning that the period of two years ' continuous residence must immediately precede the worker ' s death.

see para. 50, operative part