, THE RAAD VAN STATE ( STATE COUNCIL ) OF THE NETHERLANDS REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY THREE QUESTIONS RELATING TO THE INTERPRETATION OF ARTICLE 48 OF THE TREATY AND OF CERTAIN PROVISIONS OF COMMUNITY REGULATIONS AND DIRECTIVES ON THE FREE MOVEMENT OF PERSONS WITHIN THE COMMUNITY .
2 THE APPELLANT IN THE MAIN PROCEEDINGS , MRS LEVIN , OF BRITISH NATIONALITY AND THE WIFE OF A NATIONAL OF A NON-MEMBER COUNTRY , APPLIED FOR A PERMIT TO RESIDE IN THE NETHERLANDS . THE PERMIT WAS REFUSED , ON THE BASIS OF NETHERLANDS LEGISLATION , ON THE GROUND , AMONGST OTHERS , THAT MRS LEVIN WAS NOT ENGAGED IN A GAINFUL OCCUPATION IN THE NETHERLANDS AND THEREFORE COULD NOT BE DESCRIBED AS A ' ' FAVOURED EEC CITIZIN ' ' WITHIN THE MEANING OF THAT LEGISLATION .
3 MRS LEVIN APPLIED TO THE STAATSSECRETARIS VAN JUSTITIE ( SECRETARY OF STATE FOR JUSTICE ) FOR THE DECISION TO BE RECONSIDERED . HER APPLICATION WAS REJECTED AND SHE APPEALED TO THE RAAD VAN STATE CLAIMING THAT IN THE MEANTIME SHE HAD TAKEN UP AN ACTIVITY AS AN EMPLOYED PERSON IN THE NETHERLANDS AND THAT , IN ANY EVENT , SHE AND HER HUSBAND HAD PROPERTY AND INCOME MORE THAN SUFFICIENT TO SUPPORT THEMSELVES , EVEN WITHOUT PURSUING SUCH AN ACTIVITY .
4 SINCE THE RAAD VAN STATE CONSIDERED THAT THE JUDGMENT TO BE GIVEN DEPENDED ON THE INTERPRETATION OF COMMUNITY LAW IT REFERRED THE FOLLOWING THREE QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ' 1 . SHOULD THE CONCEPT OF ' FAVOURED EEC CITIZEN ' , WHICH IN THE NETHERLANDS LEGISLATION IS TAKEN TO MEAN A NATIONAL OF A MEMBER STATE AS DESCRIBED IN ARTICLE 1 OF DIRECTIVE 64/221/EEC OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 25 FEBRUARY 1964 AND IS USED IN THAT LEGISLATION TO DETERMINE THE CATEGORY OF PERSONS TO WHOM ARTICLE 48 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , REGULATION ( EEC ) NO 1612/68 OF 15 OCTOBER 1968 AND DIRECTIVES 64/221/EEC OF 25 FEBRUARY 1964 AND 68/360/EEC OF 15 OCTOBER 1968 ADOPTED BY THE COUNCIL OF THE EUROPEAN COMMUNITIES IN APPLICATION OF ARTICLE 48 APPLY , ALSO BE TAKEN TO MEAN A NATIONAL OF A MEMBER STATE WHO IN THE TERRITORY OF ANOTHER MEMBER STATE PURSUES AN ACTIVITY , WHETHER PAID OR NOT AS AN EMPLOYED PERSON , OR PROVIDES SERVICES TO SUCH A LIMITED EXTENT THAT IN SO DOING HE EARNS INCOME WHICH IS LESS THAN THAT WHICH IN THE LAST-MENTIONED MEMBER STATE IS CONSIDERED AS THE MINIMUM NECESSARY TO ENABLE HIM TO SUPPORT HIMSELF?
2.IN THE ANSWER TO QUESTION 1 , SHOULD A DISTINCTION BE DRAWN BETWEEN , ON THE ONE HAND , PERSONS WHO APART FROM OR IN ADDITION TO THEIR INCOME DERIVED FROM LIMITED EMPLOYMENT HAVE OTHER INCOME ( FOR EXAMPLE FROM PROPERTY OR FROM THE EMPLOYMENT OF THEIR SPOUSES LIVING WITH THEM WHO ARE NOT NATIONALS OF