ACCOMMODATION .
11 ACCORDING TO THE LAND BERLIN , THE DEFENDANT IN THE MAIN PROCEEDINGS , THE SOLE AIM OF ARTICLE 10 OF REGULATION NO 1612/68 IS TO PROTECT MIGRANT WORKERS AND TO GUARANTEE THEIR MOBILITY BY ENABLING THEM TO MAINTAIN THEIR FAMILY TIES . IN CONSEQUENCE THERE ARE NO GROUNDS FOR GRANTING A RIGHT OF RESIDENCE TO THE MEMBERS OF THEIR FAMILIES WHERE THAT RIGHT IS NOT DERIVED FROM THE FACT THAT THEY LIVE TOGETHER . AS FOR ARTICLE 11 , THAT PROVISION ESTABLISHES NOT A RIGHT OF RESIDENCE BUT SOLELY A RIGHT TO WORK .
12 FURTHERMORE , ACCORDING TO THE GOVERNMENTS OF THE FEDERAL REPUBLIC OF GERMANY , THE UNITED KINGDOM AND THE NETHERLANDS , IT IS CLEAR FROM THE LETTER AND SPIRIT OF ARTICLE 10 OF THE REGULATION THAT THE SPOUSE ' S RIGHT OF RESIDENCE EXISTS ONLY IF SHE LIVES IN THE MIGRANT WORKER ' S HOME . THE FIFTH RECITAL IN THE PREAMBLE TO REGULATION NO 1612/68 SHOWS THAT THE PURPOSE OF THAT REGULATION IS TO ENABLE THE WORKER TO LIVE WITH HIS FAMILY . THERE CAN BE NO QUESTION OF THAT WHERE THE SPOUSES STOP LIVING TOGETHER . ARTICLES 10 AND 11 OF REGULATION NO 1612/68 TAKE INTO ACCOUNT THE TWO ASPECTS OF THE LEGAL POSITION ENVISAGED IN ARTICLE 48 ( 3 ) OF THE EEC TREATY , NAMELY THE RIGHT TO WORK AND THE RIGHT OF RESIDENCE . THAT INTERPRETATION IS SUPPORTED BY THE HISTORY OF ARTICLES 10 AND 11 OF REGULATION NO 1612/68 , WHICH WERE BASED ON ARTICLES 17 AND 18 OF REGULATION NO 38/64 OF THE COUNCIL OF 25 MARCH 1964 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY ( JOURNAL OFFICIEL 1964 , NO 62 , P . 965 ). ARTICLE 18 OF REGULATION NO 38/64 STATES CLEARLY THAT WHERE A MEMBER OF THE FAMILY DOES NOT HAVE THE LEGAL STATUS DEFINED IN ARTICLE 17 , HE HAS NO INDEPENDENT RIGHT OF RESIDENCE .
13 THE COMMISSION MAINTAINS THAT IT IS GENERALLY ACKNOWLEDGED THAT THE FUNDAMENTAL RIGHT TO FREE MOVEMENT PROVIDED FOR IN ARTICLE 48 ET SEQ . OF THE TREATY IS ALSO GRANTED TO MIGRANT WORKERS ' FAMILIES . IN THE COMMISSION ' S VIEW , IT IS NOT THEREFORE PERMISSIBLE TO MAKE THE RIGHT TO FREE MOVEMENT SUBJECT TO THE MANNER IN WHICH THE SPOUSES WISH TO CONDUCT THEIR MARRIED LIFE , BY REQUIRING THEM TO LIVE UNDER THE SAME ROOF . ATTITUDES TO MARITAL RELATIONSHIPS VARY ACCORDING TO THE MEMBER STATES AND INDIVIDUALS . THAT IS WHY ARTICLE 10 IMPOSES NO SUCH REQUIREMENT . ARTICLE 10 IS INTENDED SOLELY TO ENSURE THE EXISTENCE OF NORMAL ACCOMMODATION FOR IMMIGRANTS IN ORDER TO SATISFY THE REQUIREMENTS OF THE AUTHORITIES RESPONSIBLE FOR ALIENS WITH REGARD TO HYGIENE AND ACCOMMODATION . SIMILARLY , IT IS CLEAR FROM ARTICLE 4 ( 3 ) AND ( 4 ) OF COUNCIL DIRECTIVE NO 68/360/EEC OF 15 OCTOBER 1968 ON THE ABOLITION OF RESTRICTIONS ON MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY FOR