Judgment of the Court 11 July 2002 in Case C-60/00 (Reference for a preliminary ruling from the Immigration Appeal Tribunal): Mary Carpenter v Secretary of State for the Home Department (Freedom to provide services — Article 49 EC — Directive 73/148/EEC — National of a Member State established in that State and providing services to persons established in other Member States — Right of residence in that State of a spouse who is a national of a third country)
Date: 2002-09-28
Institutions: Court of Justice
Subjects: EU national, United Kingdom, interpretation of the law, provision of services, residence permit

28.9.2002

EN

Official Journal of the European Communities

C 233/5

M. Condou-Durande), the Court, composed of: G.C. Rodríguez
Iglesias, President, P. Jann, F. Macken, N. Colneric, S. von
Bahr (Presidents of Chambers), C. Gulmann (Rapporteur),
D.A.O. Edward, A. La Pergola, J.-P. Puissochet, M. Wathelet,
R. Schintgen, V. Skouris and J.N. Cunha Rodrigues, Judges;
F.G. Jacobs, Advocate General; D. Louterman-Hubeau, Head of
Division, for the Registrar, has given a judgment on 25 July
2002, in which it:

1. Dismisses the appeal;

2. Orders Unión de Pequeños Agricultores to pay the costs;

let, R. Schintgen and J.N. Cunha Rodrigues (Rapporteur),
Judges; C. Stix-Hackl, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
11 July 2002, in which it has ruled:

Article 49 EC, read in the light of the fundamental right to respect
for family life, is to be interpreted as precluding, in circumstances
such as those in the main proceedings, a refusal, by the Member State
of origin of a provider of services established in that Member State
who provides services to recipients established in other Member States,
of the right to reside in its territory to that provider’s spouse, who is a
national of a third country.

3. Orders the Commission of the European Communities to bear

its own costs.

(1) OJ C 122 of 29.4.2000.

( 1) OJ C 176 of 24.6.2000.

JUDGMENT OF THE COURT

11 July 2002

JUDGMENT OF THE COURT

(Fifth Chamber)

11 July 2002

in Case C-60/00 (Reference for a preliminary ruling from
the Immigration Appeal Tribunal): Mary Carpenter v
Secretary of State for the Home Department (1)

(Freedom to provide services — Article 49 EC — Directive
73/148/EEC — National of a Member State established in
that State and providing services to persons established in
other Member States — Right of residence in that State of a
spouse who is a national of a third country)

in Case C-62/00 (Reference for a preliminary ruling from
the Court of Appeal (England & Wales) (Civil Division)):
Marks & Spencer plc v Commissioners of Customs &
Excise (1)

(Sixth VAT directive — National legislation retroactively
curtailing a limitation period for repayment of sums unduly
paid — Compatibility with the principles of effectiveness
and of the protection of legitimate expectations)

(2002/C 233/07)

(Language of the case: English)

(2002/C 233/08)

(Language of the case: English)

In Case C-60/00: Reference to the Court under Article 234 EC
by the Immigration Appeal Tribunal (United Kingdom) for a
preliminary ruling in the proceedings pending before that
court between Mary Carpenter and Secretary of State for the
Home Department, on the interpretation of Article 49 EC and
Council Directive 73/148/EEC of 21 May 1973 on the
abolition of restrictions on movement and residence within
the Community for nationals of Member States with regard to
establishment and the provision of services (OJ 1973 L 172,
p. 14), the Court, composed of: G.C. Rodríguez Iglesias,
President, N. Colneric and S. von Bahr (Presidents of Cham-
bers), C. Gulmann, D.A.O. Edward, J.-P. Puissochet, M. Wathe-

In Case C-62/00: Reference to the Court under Article 234 EC
for a preliminary ruling by the Court of Appeal (Civil Division)
(England and Wales) in the proceedings pending before that
court between Marks & Spencer plc and Commissioners of
Customs & Excise, on the interpretation of Community law on
the recovery of sums unduly paid, the Court (Fifth Chamber),
the Chamber,
composed of:
D.A.O. Edward and A. La Pergola (Rapporteur),
Judges;
L.A. Geelhoed, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 11 July 2002, in
which it has ruled:

President

Jann,

of

P.