Free movement of workers, foreigners and spouses : Case C-10/05

The Court of Justice's recent little judgment in Case C-10/05 Cynthia Mattern and Hajrudin Cikotic clears up a point about the rights of spouses and free movement of workers.

Ms. Mattern is a national of Luxembourg but working in Belgium. Her husband, Mr. Cikotic is a national of a non-member State and he applied for a work permit in Luxembourg. The Luxembourg authorities refused him the permit and Mr. Cikotic challenged that refusal alleging that he had the right to such a permit as he was married to a Luxemburger. The matter was then referred to the Court of Justice to ascertain whether he had such a right in Luxembourg when his wife was in fact working in Belgium.

The Court of Justice held that Mr. Cikotic had no right under EC law obtain a work permit in Luxembourg when his wife was working in Belgium.

It found in particular that Article 11 of Regulation No 1612/68 of the Council of October 15th 1968 on freedom of movement for workers within the Community, as amended by Council Regulation No 2434/92 of July 27th, 1992, does not confer on a national of a non member country the right to take up an activity as an employed person in a member State other than the one in which his spouse, a Community national, pursues or has pursued an activity as an employed person in exercise of her right to free movement.

Comments

[Nick Matyas]

It is a good posting. I like it. It's pretty much impressive.