Keywords
Summary

Keywords

Freedom of movement for persons - Derogations - Decisions regarding foreign nationals - Decision concerning entry into the territory of a Member State within the meaning of Article 8 of Directive 64/221 - Meaning - Decision refusing a Community national not in possession of a residence permit but temporarily admitted to the territory of the Member State leave to enter its territory - Excluded - Suspensory effect of legal proceedings against that decision and grant of permission to take up employment pending the termination of those proceedings - No effect

(Council Directive 64/221, Arts 8 and 9)

Summary

$$Articles 8 and 9 of Directive 64/221 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health must be interpreted as meaning that a decision adopted by the authorities of a Member State refusing a Community national, not in possession of a residence permit, leave to enter its territory cannot be classified as a decision concerning entry within the meaning of Article 8 thereof in a case where the person concerned was temporarily admitted to the territory of that Member State, pending a decision following the enquiries required for the investigation of her case, and therefore resided for almost seven months in that territory before that decision was notified to her, since such a national must be entitled to the procedural safeguards referred to in Article 9 of Directive 64/221.

The time which elapsed after the competent authority's decision as a result, first, of the suspensory effect of legal proceedings and, second, of the grant of permission to take up employment pending the determination of those proceedings, cannot have any bearing on the classification of that decision under Directive 64/221.

( see para. 43 and operative part )