OF THE MEMBER STATES ' ' FOR THE PURPOSE ' ' OF EMPLOYMENT THERE . MOREOVER , IT IS STATED IN THE PREAMBLE TO REGULATION ( EEC ) NO 1612/68 THAT FREEDOM OF MOVEMENT FOR WORKERS ENTAILS THE RIGHT OF WORKERS TO MOVE FREELY WITHIN THE COMMUNITY ' ' IN ORDER TO ' ' PURSUE ACTIVITIES AS EMPLOYED PERSONS , WHILST ARTICLE 2 OF DIRECTIVE 68/360/EEC REQUIRES THE MEMBER STATES TO GRANT WORKERS THE RIGHT TO LEAVE THEIR TERRITORY ' ' IN ORDER TO ' ' TAKE UP ACTIVITIES AS EMPLOYED PERSONS OR TO PURSUE THEM IN THE TERRITORY OF ANOTHER MEMBER STATE .
21 HOWEVER , THESE FORMULATIONS MERELY GIVE EXPRESSION TO THE REQUIREMENT , WHICH IS INHERENT IN THE VERY PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS , THAT THE ADVANTAGES WHICH COMMUNITY LAW CONFERS IN THE NAME OF THAT FREEDOM MAY BE RELIED UPON ONLY BY PERSONS WHO ACTUALLY PURSUE OR SERIOUSLY WISH TO PURSUE ACTIVITIES AS EMPLOYED PERSONS . THEY DO NOT , HOWEVER , MEAN THAT THE ENJOYMENT OF THIS FREEDOM MAY BE MADE TO DEPEND UPON THE AIMS PURSUED BY A NATIONAL OF A MEMBER STATE IN APPLYING FOR ENTRY UPON AND RESIDENCE IN THE TERRITORY OF ANOTHER MEMBER STATE , PROVIDED THAT HE THERE PURSUES OR WISHES TO PURSUE AN ACTIVITY WHICH MEETS THE CRITERIA SPECIFIED ABOVE , THAT IS TO SAY , AN EFFECTIVE AND GENUINE ACTIVITY AS AN EMPLOYED PERSON .
22 ONCE THIS CONDITION IS SATISFIED , THE MOTIVES WHICH MAY HAVE PROMPTED THE WORKER TO SEEK EMPLOYMENT IN THE MEMBER STATE CONCERNED ARE OF NO ACCOUNT AND MUST NOT BE TAKEN INTO CONSIDERATION .
23 THE ANSWER TO BE GIVEN TO THE THIRD QUESTION PUT TO THE COURT BY THE RAAD VAN STATE MUST THEREFORE BE THAT THE MOTIVES WHICH MAY HAVE PROMPTED A WORKER OF A MEMBER STATE TO SEEK EMPLOYMENT IN ANOTHER MEMBER STATE ARE OF NO ACCOUNT AS REGARDS HIS RIGHT TO ENTER AND RESIDE IN THE TERRITORY OF THE LATTER STATE PROVIDED THAT HE THERE PURSUES OR WISHES TO PURSUE AN EFFECTIVE AND GENUINE ACTIVITY .
Decision on costs
COSTS
THE COSTS INCURRED BY THE DANISH , FRENCH , ITALIAN AND NETHERLANDS GOVERNMENTS AND BY THE COMMISSION , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE PROCEEDINGS BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE JUDICIAL DIVISION OF THE RAAD VAN STATE OF THE NETHERLANDS BY INTERLOCUTORY JUDGMENT OF 28 NOVEMBER 1980 , HEREBY RULES :
1 . THE PROVISIONS OF COMMUNITY LAW RELATING TO FREEDOM OF MOVEMENT FOR WORKERS ALSO COVER A NATIONAL OF A MEMBER STATE WHO PURSUES , WITHIN THE TERRITORY OF ANOTHER MEMBER STATE