Opinion of the Advocate General — ECLI:EU:C:2000:174
Date: 2000-03-30
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 — Derogations — Decisions regarding foreign 
nationals — Decision concerning entry into the territory of a Member State within the 
meaning of Article 8 of Directive 64/221 — Meaning — Decision refusing a Community 
national not in possession of a residence permit but temporarily admitted to the territory 
of the Member State leave to enter its territory — Excluded — Suspensory effect of legal 
proceedings against that decision and grant of permission to take up employment pending 
the termination of those proceedings — No effect 
(Council Directive 64/221, Arts 8 and 9) 
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SUMMARY — CASE C-357/98 
Articles 8 and 9 of Directive 64/221 on the 
co-ordination of special measures concern­
ing the movement and residence of foreign 
nationals which are justified on grounds of 
public policy, public security or public 
health must be interpreted as meaning that 
a decision adopted by the authorities of a 
Member State refusing a Community 
national, not in possession of a residence 
permit, leave to enter its territory cannot be 
classified as a 'decision concerning entry' 
within the meaning of Article 8 thereof in a 
case where the person concerned was 
temporarily admitted to the territory of 
that Member State, pending a decision 
following the enquiries required for the 
investigation of her case, and therefore 
resided for almost seven months in that 
territory before that decision was notified 
to her, since such a national must be 
entitled to the procedural safeguards re­
ferred to in Article 9 of Directive 64/221. 
The time which elapsed after the competent 
authority's decision as a result, first, of the 
suspensory effect of legal proceedings and, 
second, of the grant of permission to take 
up employment pending the determination 
of those proceedings, cannot have any 
bearing on the classification of that deci­
sion under Directive 64/221. 
(see para. 43 and operative part) 
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