Opinion of the Advocate General — ECLI:EU:C:2002:297
Date: 2002-05-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 
Freedom of movement for persons — Workers — Right to remain in the territory of a 
Member State after having been employed there — Right of residence of family members 
of a deceased worker — Requirement of the worker's continuous residence for at least 
two years — Period must immediately precede the death 
(Commission Regulation No 1251/70, Art. 3(2), first indent) 
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SUMMARY — CASE C-257/00 
The first indent of Article 3(2) of Regu­
lation No 1251/70 on the right of workers 
to remain in the territory of a Member 
State after having been employed in that 
State, which provides that the members of 
the family of a worker who dies during his 
working life and before having acquired the 
right to remain in the territory of the host 
Member State shall be entitled to remain 
there permanently on condition that such 
worker, on the date of his decease, had 
resided continuously in the territory of that 
Member State for at least two years, is to be 
interpreted as meaning that the period of 
two years' continuous residence must 
immediately precede the worker's death. 
(see para. 50, operative part) 
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