SUBJECT OF A REFERENCE TO THE COURT UNDER ARTICLE 177 .
SECOND QUESTION
11 IN SUBSTANCE THE SECOND QUESTION SEEKS TO ASCERTAIN WHETHER , AND IF SO IN WHICH CIRCUMSTANCES , COMMUNITY LAW PROHIBITS A MEMBER STATE FROM REFUSING TO ALLOW A RELATIVE , AS REFERRED TO IN ARTICLE 10 OF REGULATION NO 1612/68 CITED ABOVE , OF A WORKER EMPLOYED WITHIN THAT MEMBER STATE ' S TERRITORY TO ENTER OR RESIDE WITHIN ITS TERRITORY IF THE WORKER HAS THE NATIONALITY OF THAT STATE AND THE RELATIVE THE NATIONALITY OF A NON-MEMBER COUNTRY .
12 ARTICLE 48 OF THE TREATY PROVIDES THAT FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY IS TO ENTAIL THE ABOLITION OF ANY DISCRIMINATION BASED ON NATIONALITY BETWEEN WORKERS OF THE MEMBER STATES . ARTICLE 10 OF REGULATION NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY , CITED ABOVE , PROVIDES THAT SPECIFIED MEMBERS OF A WORKER ' S FAMILY , INCLUDING DEPENDENT RELATIVES IN THE ASCENDING LINE , ' ' SHALL , IRRESPECTIVE OF THEIR NATIONALITY , HAVE THE RIGHT TO INSTALL THEMSELVES WITH A WORKER WHO IS A NATIONAL OF ONE MEMBER STATE AND WHO IS EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE ' ' .
13 SINCE THAT PROVISION DOES NOT COVER THE POSITION OF DEPENDENT RELATIVES OF A WORKER WHO IS A NATIONAL OF THE MEMBER STATE WITHIN WHOSE TERRITORY HE IS EMPLOYED , THE ANSWER TO THE PRELIMINARY QUESTION DEPENDS ON WHETHER IT MAY BE INFERRED FROM THE CONTEXT OF THE PROVISIONS AND THE PLACE WHICH THEY OCCUPY IN THE COMMUNITY LEGAL SYSTEM AS A WHOLE THAT THEY HAVE A RIGHT OF ENTRY AND RESIDENCE .
14 IN THIS REGARD THE APPLICANTS IN THE MAIN PROCEEDINGS RELY ON THE RULE PROHIBITING DISCRIMINATION ON GROUNDS OF NATIONALITY WHICH ARTICLE 7 OF THE TREATY ENUNCIATES IN GENERAL TERMS AND TO WHICH ARTICLE 48 GIVES MORE SPECIFIC EXPRESSION .
15 IT IS HOWEVER CLEAR THAT ARTICLE 7 AND ARTICLE 48 MAY BE INVOKED ONLY WHERE THE CASE IN QUESTION COMES WITHIN THE AREA TO WHICH COMMUNITY LAW APPLIES , WHICH IN THIS CASE IS THAT CONCERNED WITH FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY . NOT ONLY DOES THAT CONCLUSION EMERGE FROM THE WORDING OF THOSE ARTICLES , BUT IT ALSO ACCORDS WITH THEIR PURPOSE , WHICH IS TO ASSIST IN THE ABOLITION OF ALL OBSTACLES TO THE ESTABLISHMENT OF A COMMON MARKET IN WHICH THE NATIONALS OF THE MEMBER STATES MAY MOVE FREELY WITHIN THE TERRITORY OF THOSE STATES IN ORDER TO PURSUE THEIR ECONOMIC ACTIVITIES .
16 IT FOLLOWS THAT THE TREATY PROVISIONS ON FREEDOM OF MOVEMENT FOR WORKERS AND THE RULES ADOPTED TO IMPLEMENT THEM CANNOT BE APPLIED TO CASES WHICH HAVE NO FACTOR LINKING THEM WITH ANY OF THE SITUATIONS GOVERNED BY COMMUNITY LAW .
17 SUCH IS UNDOUBTEDLY THE CASE WITH WORKERS WHO HAVE NEVER EXERCISED THE RIGHT TO FREEDOM OF MOVEMENT WITHIN THE COMMUNITY .
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