Aissatou Diatta v Land Berlin.

• Jurisdiction: European Union
• Celex Number: 61983CJ0267
• ECLI: ECLI:EU:C:1985:67
• Docket Number: 267/83
• Date: 13 February 1985
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61983J0267

Judgment of the Court of 13 February 1985. - Aissatou Diatta v Land Berlin. - Reference for a preliminary ruling: Bundesverwaltungsgericht - Germany. - Migrant workers - Right of residence for workers' families. - Case 267/83.

European Court reports 1985 Page 00567
Spanish special edition Page 00263
Swedish special edition Page 00061
Finnish special edition Page 00063

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . FREE MOVEMENT OF PERSONS - WORKERS - RIGHT OF RESIDENCE OF FAMILY - NO REQUIREMENT THAT THE FAMILY MUST LIVE UNDER THE SAME ROOF PERMANENTLY - INDEPENDENT RIGHT OF RESIDENCE UNDER ARTICLE 11 OF REGULATION NO 1612/68 - NONE

( COUNCIL REGULATION ( EEC ) NO 1612/68 , ARTS 10 AND 11 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - RIGHT OF RESIDENCE OF FAMILY - SPOUSE - HUSBAND AND WIFE LIVING SEPARATELY

( COUNCIL REGULATION ( EEC ) NO 1612/68 , ART . 10 )

Summary

1 . THE RIGHT OF RESIDENCE PROVIDED FOR IN ARTICLE 10 OF REGULATION NO 1612/68 FOR THE MEMBERS OF A MIGRANT WORKER ' S FAMILY IS SUBJECT TO THE REQUIREMENT LAID DOWN IN ARTICLE 10 ( 3 ) THAT THE ACCOMMODATION WHICH THE WORKER HAS AVAILABLE MUST BE SUCH AS MAY BE CONSIDERED NORMAL FOR THE PURPOSE OF ACCOMMODATING HIS FAMILY . HOWEVER , IT IS NOT CONDITIONAL ON ANY REQUIREMENT THAT THE FAMILY MUST LIVE UNDER THE SAME ROOF PERMANENTLY .

ARTICLE 11 OF REGULATION NO 1612/68 CONFERS ON THE MEMBERS OF A MIGRANT WORKER ' S FAMILY ONLY A RIGHT TO EXERCISE ANY ACTIVITY AS EMPLOYED PERSONS THROUGHOUT THE TERRITORY OF THE HOST STATE . IT CANNOT THEREFORE CONSTITUTE THE LEGAL BASIS FOR A RIGHT OF RESIDENCE WITHOUT REFERENCE TO THE CONDITIONS LAID DOWN IN ARTICLE 10 .

2 . FOR THE PURPOSES OF ARTICLE 10 OF REGULATION NO 1612/68 , WHICH PROVIDES FOR THE RIGHT OF A MIGRANT WORKER ' S SPOUSE TO INSTALL HERSELF WITH HIM , THE MARITAL RELATIONSHIP CANNOT BE REGARDED AS DISSOLVED SO LONG AS IT HAS NOT BEEN TERMINATED BY THE COMPETENT AUTHORITY . IT IS NOT DISSOLVED MERELY BECAUSE THE SPOUSES LIVE SEPARATELY , EVEN WHERE THEY INTEND TO DIVORCE AT A LATER DATE .

Parties

IN CASE 267/83

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE BUNDESVERWALTUNGSGERICHT ( FEDERAL ADMINISTRATIVE COURT ) FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN

AISSATOU DIATTA , A SENEGALESE NATIONAL RESIDING IN WEST BERLIN ,

AND

LAND BERLIN , REPRESENTED BY THE POLIZEIPRASIDENT ( CHIEF COMMISSIONER OF POLICE ), BERLIN ,

Subject of the case

ON THE INTERPRETATION OF ARTICLES 10 AND 11 OF REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY ,

Grounds

1 BY AN ORDER DATED 18 OCTOBER 1983 , WHICH WAS RECEIVED AT THE COURT ON 5 DECEMBER 1983 , THE FIRST SENATE OF THE BUNDESVERWALTUNGSGERICHT ( FEDERAL ADMINISTRATIVE COURT ) REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF ARTICLES 10 AND 11 OF REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . 475 ).

2 THE QUESTIONS AROSE IN A DISPUTE BETWEEN MRS DIATTA , A SENEGALESE NATIONAL , AND THE LAND BERLIN , REPRESENTED BY THE POLIZEIPRASIDENT ( CHIEF COMMISSIONER OF POLICE ).

3 MRS DIATTA MARRIED A FRENCH NATIONAL WHO RESIDES AND WORKS IN BERLIN . SHE HAS WORKED CONTINUOUSLY IN BERLIN SINCE FEBRUARY 1978 .

4 AFTER LIVING WITH HER HUSBAND FOR SOME TIME , SHE SEPARATED FROM HIM ON 29 AUGUST 1978 WITH THE INTENTION OF DIVORCING AND HAS LIVED SINCE IN SEPARATE ACCOMMODATION .

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