FOUND OR AGAIN AS THE HUSBAND OF A PERSON SUBJECT TO THE PROVISIONS OF COMMUNITY LAW BECAUSE OF HER OCCUPATION SO THAT THE ACCUSED ' S POSITION MAY BE REGULATED BY EITHER :
( A ) THE CHAPTER OF THE TREATY CONCERNING WORKERS AND , MORE ESPECIALLY , ARTICLE 48 WHICH WAS IMPLEMENTED BY REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY ( OJ , ENGLISH SPECIAL EDITION 1968 ( II ), P . 475 ) AND COUNCIL DIRECTIVE NO 68/360/EEC OR
( B ) THE CHAPTERS CONCERNING THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES , IN PARTICULAR ARTICLES 52 , 53 , 56 , 62 AND 66 IMPLEMENTED BY COUNCIL DIRECTIVE NO 73/148 OF 21 MAY 1973 CONCERNING THE REMOVAL OF RESTRICTIONS ON THE MOVEMENT AND RESIDENCE OF NATIONALS OF THE MEMBER STATES WITHIN THE COMMUNITY FOR ESTABLISHMENT AND PROVISION OF SERVICES ( OJ , L . 172 , P . 14 ).
12 NEVERTHELESS COMPARISON OF THESE DIFFERENT PROVISIONS SHOWS THAT THEY ARE BASED ON THE SAME PRINCIPLES BOTH IN SO FAR AS THEY CONCERN THE ENTRY INTO AND RESIDENCE IN THE TERRITORY OF MEMBER STATES OF PERSONS COVERED BY COMMUNITY LAW AND THE PROHIBITION OF ALL DISCRIMINATION BETWEEN THEM ON GROUNDS OF NATIONALITY .
13 IN PARTICULAR ARTICLE 10 OF REGULATION ( EEC ) NO 1612/68 , ARTICLE 1 OF DIRECTIVE NO 68/360 AND ARTICLE 1 OF DIRECTIVE NO 73/148 EXTEND IN IDENTICAL TERMS THE APPLICATION OF COMMUNITY LAW RELATING TO ENTRY INTO AND RESIDENCE IN THE TERRITORY OF THE MEMBER STATES TO THE SPOUSE OF ANY PERSON COVERED BY THESE PROVISIONS .
14 FURTHER , ARTICLE 1 OF DIRECTIVE NO 64/221 STATES THAT THE DIRECTIVE SHALL APPLY TO ANY NATIONAL OF A MEMBER STATE WHO RESIDES IN OR TRAVELS TO ANOTHER MEMBER STATE OF THE COMMUNITY EITHER IN ORDER TO PURSUE AN ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON , OR AS A RECIPIENT OF SERVICES , AND HIS OR HER SPOUSE AND MEMBERS OF THEIR FAMILY .
15 IT IS APPARENT FROM THE FOREGOING THAT SUBSTANTIALLY IDENTICAL PROVISIONS OF COMMUNITY LAW APPLY IN A CASE SUCH AS THE ONE AT ISSUE IF THERE EXISTS EITHER WITH REGARD TO THE PARTY CONCERNED OR HIS SPOUSE A CONNEXION WITH COMMUNITY LAW UNDER ANY OF THE ABOVE-MENTIONED PROVISIONS .
16 THE QUESTIONS REFERRED BY THE TRIBUNAL DE PREMIERE INSTANCE WILL BE ANSWERED IN THE LIGHT OF THESE CONSIDERATIONS AND WITHOUT PREJUDICE TO THE NATIONAL COURT ' S RIGHT TO DETERMINE THE SITUATION BEFORE IT WITH RESPECT TO PROVISIONS OF COMMUNITY LAW .
THE FIRST , SECOND , THIRD AND FOURTH QUESTIONS ( SOURCE OF RIGHTS ) CONFERRED BY THE TREATY IN RESPECT OF ENTRY INTO AND RESIDENCE IN THE TERRITORY OF THE MEMBER STATES )
17 THE FIRST , SECOND , THIRD AND FOURTH QUESTIONS SEEK TO DETERMINE , WITH PARTICULAR REGARD TO ARTICLE 48 OF THE TREATY AND DIRECTIVES NOS 64/221