Judgment of the Court (Fifth Chamber) of 9 January 2003 in Case C-257/00 (Reference for a preliminary ruling from the l'Immigration Appeal Tribunal): Nani Givane and Others v Secretary of State for the Home Department (Freedom of movement for workers — Regulation (EEC) No 1251/70 — Right of workers to remain in the territory of a Member State after having been employed in that State — Right of residence of members of the family of a deceased worker — Requirement of the worker's continuous residence for at least two years)
Date: 2003-02-22
Institutions: Court of Justice
Subjects: interpretation of the law, residence, residence permit, residential mobility, worker (EU)

22.2.2003

EN

Official Journal of the European Union

C 44/5

1. Dismissed the action;

JUDGMENT OF THE COURT

2. Ordered the Italian Republic to pay the costs.

( 1) OJ C 211 of 22.7.2000.

JUDGMENT OF THE COURT OF JUSTICE

(Fifth Chamber)

of 9 January 2003

in Case C-178/00: Italian Republic v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 1995 financial year
— Cereals — Durum wheat — Soft wheat, barley and corn)

(2003/C 44/08)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-178/00: Italian Republic (Agent: U. Leanza, assisted
by D. Del Gaizo) against Commission of
the European
Communities (Agents: E. de March and L. Visaggio, assisted by
A. Dal Ferro) — application for partial annulment of the
Commission’s Decision 2000/197/EC of 1 March 2000
amending Decision 1999/187/EC on the clearance of the
accounts presented by the Member States in respect of the
expenditure for 1995 of the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2000
L 61, p. 15) in so far as it made financial adjustments to certain
expenses declared by Italy — the Court of Justice (Fifth
Chamber), composed of M. Wathelet, President of the Chamb-
er, and D.A.O. Edward, A La Pergola, P. Jann (Rapporteur) and
S. von Bahr, Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 9 January 2003, in which it:

1. Dismissed the action;

2. Ordered the Italian Republic to pay the costs.

( 1) OJ C 211 of 22.7.2000.

(Fifth Chamber)

of 9 January 2003

in Case C-257/00 (Reference for a preliminary ruling from
the l’Immigration Appeal Tribunal): Nani Givane and
Others v Secretary of State for the Home Department (1)

(Freedom of movement for workers — Regulation (EEC) No
1251/70 — Right of workers to remain in the territory of a
Member State after having been employed in that State —
Right of residence of members of the family of a deceased
worker — Requirement of the worker’s continuous residence
for at least two years)

(2003/C 44/09)

(Language of the case: English)

In Case C-257/00: 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 Nani Givane and Others and Secretary of State
for the Home Department, on the interpretation of Article 3(2)
of Commission Regulation (EEC) No 1251/70 of 29 June 1970
on the right of workers to remain in the territory of a Member
State after having been employed in that State (OJ, English
Special Edition 1970 (II), p. 402), the Court (Fifth Chamber),
the Chamber,
composed of: M. Wathelet, President of
C.W.A. Timmermans, D.A.O. Edward, P. Jann and A. Rosas
(Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 9 January 2003, in which
it has ruled:

On a proper construction of the first indent of Article 3(2) of
Commission Regulation (EEC) No 1251/70 of 29 June 1970 on
the right of workers to remain in the territory of a Member State after
having been employed in that State the period of two years’ continuous
residence required by that provision must immediately precede the
worker’s death.

(1) OJ C 247 of 26.8.2000.