Massam Dzodzi v Belgian State. (Freedom Of Movement For Persons ) [1990] EUECJ R-64/221 (18 October 1990)

Massam Dzodzi v Belgian State. (Freedom Of Movement For Persons ) [1990] EUECJ R-64/221 (18 October 1990)

EU law (Regulation No 1612/68, Directive 68/360/EEC, Regulation No 1251/70, Directive 64/221/EEC) does not apply to purely internal situations of a Member State, such as a non-EU spouse of a national of that State claiming a right to reside or remain solely on that basis. Where national law refers to EU law to determine rights in purely internal situations, it is for the national court to determine the scope and application of such reference, but the interpretation of EU law remains for the Court of Justice. Article 8 of Directive 64/221/EEC requires equal judicial remedies for persons covered, but Article 9 does not require urgent judicial appeals with interim measures prior to...

Citation
[1990] EUECJ R-64/221
Parties
Plaintiff/appellant: Mrs Massam Dzodzi; Defendant/respondent: Belgian State
Jurisdiction
European Union
Judgment Date
18 October 1990
Procedural Posture
Preliminary Ruling (reference for Preliminary Ruling Under Article 177 EEC Treaty) / Preliminary Reference From Interlocutory and Appeal Proceedings
Outcome
Preliminary ruling issued; EU law inapplicable to purely internal situations; interpretation of relevant EU provisions provided for national court's application.
Legal Topics
Right of Residence, Right to Remain, Free Movement of Workers, Judicial Remedies, Interpretation of EU Directives and Regulations
European Union Law Immigration Law Administrative Law Right of Residence Right to Remain Free Movement of Workers Judicial Remedies Interpretation of EU Directives and Regulations

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Parties

Mrs Massam Dzodzi

Plaintiff/appellant

Belgian State

Defendant/respondent

Procedural Posture

Preliminary Ruling (reference for Preliminary Ruling Under Article 177 EEC Treaty) / Preliminary Reference From Interlocutory and Appeal Proceedings

Legal Issues

  1. 1 Whether EU law confers a right of residence or right to remain on a non-EU spouse of a national of a Member State in a purely internal situation
  2. 2 Whether Regulation (EEC) No 1251/70 and Directive 68/360/EEC apply to such situations
  3. 3 Whether Article 40 of Belgian Law extends EU rights to spouses of Belgian nationals

Ratio Decidendi

EU law (Regulation No 1612/68, Directive 68/360/EEC, Regulation No 1251/70, Directive 64/221/EEC) does not apply to purely internal situations of a Member State, such as a non-EU spouse of a national of that State claiming a right to reside or remain solely on that basis. Where national law refers to EU law to determine rights in purely internal situations, it is for the national court to determine the scope and application of such reference, but the interpretation of EU law remains for the Court of Justice. Article 8 of Directive 64/221/EEC requires equal judicial remedies for persons covered, but Article 9 does not require urgent judicial appeals with interim measures prior to...

Court Disposition

Preliminary ruling issued; EU law inapplicable to purely internal situations; interpretation of relevant EU provisions provided for national court's application.

Orders

  • Regulation (EEC) No 1612/68, Directive 68/360/EEC, Regulation (EEC) No 1251/70, and Directive 64/221/EEC do not apply to purely internal situations of a Member State.
  • The spouse of a worker who is a national of a Member State and who is, or has been, employed in another Member State may claim a right of residence or to remain in that second State under the terms of the relevant EU instruments, subject to national court's determination of the scope of reference in national law.