Elestina Esselina Christina Morson v State of the Netherlands and Head of the Plaatselijke Politie within the meaning of the Vreemdelingenwet; Sweradjie Jhanjan v State of the Netherlands, Cases C-35/82, C-36/82, CJEU, 27 October 1982

Refusal by the host Member State to allow the entry and stay of a family member of a worker employed in its territory. Absence of discrimination based on nationality.

Art. 177 EEC Treaty
Regulation (EEC) n. 1612/68 of the Council of 15 October 1968 on the free movement of workers within the Community

1. The art. 177 of the EEC Treaty aims to guarantee the uniformity of interpretation (and application) of Community law in all the Member States, in order to avoid the consolidation, in one or more Member States, of a jurisprudential orientation that collides with the law of Union. Therefore, the judge of a Member State before which a question of interpretation or validity in relation to Community law is raised, where he deems it necessary, in order to issue his sentence, a decision of the Court of Justice of the European Union on the point, it may ask the latter to give a preliminary ruling on the question. However, in urgent proceedings, the requirements imposed by that purpose are met if there is the possibility of re-examining any question of Community law which has been provisionally resolved (in the interim proceedings) during the substantive proceedings.

2. The provisions of the Treaty and the legislation on the free movement of workers cannot be applied to cases which have no connection with the situations taken into consideration by Community law. The latter does not prohibit a Member State from refusing, pursuant to art. 10 of regulation no. 1612/68, the entry and stay of a family member of a worker employed in their own territory, when the family members are citizens of a third State.