TERRITORY OF ANOTHER MEMBER STATE MUST IN CERTAIN CIRCUMSTANCES BE TREATED AS HIS ' SPOUSE ' FOR THE PURPOSES OF THAT PROVISION .
THE FIRST AND SECOND QUESTIONS
17 SINCE THE FIRST AND SECOND QUESTIONS REFERRED TO THE COURT BY THE HOGE RAAD ARE CLOSELY RELATED , THEY MAY BE DEALT WITH TOGETHER .
18 THE APPLICANT IN THE MAIN PROCEEDINGS CONSIDERS THAT NETHERLANDS POLICY WITH REGARD TO THE UNMARRIED COMPANIONS OF WORKERS WHO ARE NATIONALS OF ANOTHER MEMBER STATE IS INCOMPATIBLE WITH THE EEC TREATY ; IT ALSO RESULTS IN DISCRIMINATION IN RELATION TO REGULATION NO 1612/68 , INASMUCH AS IT AUTHORIZES A NETHERLANDS NATIONAL TO BRING TO THE NETHERLANDS A COMPANION OF FOREIGN NATIONALITY WHEREAS THAT POSSIBILITY IS NOT OPEN TO A NATIONAL OF ANOTHER MEMBER STATE .
19 THE NETHERLANDS GOVERNMENT ARGUES IN THE FIRST PLACE THAT THE RIGHT OF EEC NATIONALS , WHO HAVE A RIGHT OF RESIDENCE UNDER COMMUNITY LAW , TO BRING WITH THEM THEIR FAMILY , AS SET OUT IN ARTICLE 10 ET SEQ . OF REGULATION NO 1612/68 , IS NOT BASED ON A SITUATION COMPARABLE TO THAT OF WORKERS WHO ARE NATIONALS OF THE HOST STATE , AND THUS IS NOT A RESULT OF THE PRINCIPLE OF NON-DISCRIMINATION BUT RATHER AN INDEPENDENT RIGHT GRANTED UNDER COMMUNITY LAW , THE CONTENT AND SCOPE OF WHICH MUST BE FOUND WITHIN THE FOUR CORNERS OF REGULATION NO 1612/68 . SECONDLY , IT WAS NOT BECAUSE OF A DIFFERENCE OF NATIONALITY THAT THE APPLICANT IN THE MAIN PROCEEDINGS AND MR W . WERE NOT TREATED IN THE SAME MANNER AS NETHERLANDS NATIONALS , BUT BECAUSE OF THEIR LEGAL POSITION WITH REGARD TO THE RIGHT OF RESIDENCE ; THAT IS CONFIRMED BY THE FACT THAT NETHERLANDS POLICY IN THAT RESPECT MAKES NO DISTINCTION BETWEEN NETHERLANDS NATIONALS AND ALIENS WHO HOLD A PERMANENT RESIDENCE PERMIT .
20 THE COMMISSION OBSERVES THAT THE NETHERLANDS POLICY WITH REGARD TO ALIENS CONSTITUTES DISCRIMINATION PROHIBITED BY ARTICLES 7 AND 48 OF THE EEC TREATY IN SO FAR AS A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE AND IS EMPLOYED IN THE NETHERLANDS IS NOT FORMALLY TREATED IN THE SAME MANNER AS A WORKER OF NETHERLANDS NATIONALITY WITH REGARD TO THE ADMISSION TO THE NETHERLANDS OF HIS COMPANION , WHERE THE LATTER DOES NOT HAVE NETHERLANDS NATIONALITY . ANY MEMBER STATE WHICH AUTHORIZES THE ENTRY OF THE UNMARRIED COMPANIONS OF ITS NATIONALS ON THE GROUND THAT IN THE CONTEXT OF A STABLE RELATIONSHIP SUCH A COMPANION SHOULD BE TREATED AS A SPOUSE , MUST PLACE WORKERS WHO ARE NATIONALS OF OTHER MEMBER STATES AND ARE EMPLOYED IN ITS TERRITORY IN THE SAME POSITION AS ITS OWN NATIONALS IN THAT REGARD . FURTHERMORE , IT DOES NOT APPEAR FROM THE DOCUMENTS PLACED BEFORE THE COURT THAT THE STATE OF THE NETHERLANDS HAS ARGUED THAT THE DISCRIMINATION IN QUESTION IS JUSTIFIED ON OBJECTIVE GROUNDS .
21 THE COURT NOTES THAT ARTICLE 7 OF THE TREATY PROVIDES THAT ' WITHIN THE SCOPE OF