WITH HIM PERMANENTLY IN ORDER TO QUALIFY FOR A RIGHT OF RESIDENCE UNDER THAT PROVISION , AND WHETHER ARTICLE 11 OF THAT REGULATION ESTABLISHES A RIGHT OF RESIDENCE INDEPENDENT OF THAT PROVIDED FOR IN ARTICLE 10 .
8 ARTICLE 10 OF REGULATION NO 1612/68 PROVIDES THAT :
' ( 1 ) THE FOLLOWING 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 :
( A ) HIS SPOUSE AND THEIR DESCENDANTS WHO ARE UNDER THE AGE OF 21 YEARS OR ARE DEPENDANTS ;
( B)DEPENDENT RELATIVES IN THE ASCENDING LINE OF THE WORKER AND HIS SPOUSE .
( 2)MEMBER STATES SHALL FACILITATE THE ADMISSION OF ANY MEMBER OF THE FAMILY NOT COMING WITHIN THE PROVISIONS OF PARAGRAPH 1 IF DEPENDENT ON THE WORKER REFERRED TO ABOVE OR LIVING UNDER HIS ROOF IN THE COUNTRY WHENCE HE COMES .
( 3)FOR THE PURPOSES OF PARAGRAPHS 1 AND 2 , THE WORKER MUST HAVE AVAILABLE FOR HIS FAMILY HOUSING CONSIDERED AS NORMAL FOR NATIONAL WORKERS IN THE REGION WHERE HE IS EMPLOYED ; THIS PROVISION , HOWEVER MUST NOT GIVE RISE TO DISCRIMINATION BETWEEN NATIONAL WORKERS AND WORKERS FROM THE OTHER MEMBER STATES . '
9 ARTICLE 11 OF THAT REGULATION STATES THAT :
' WHERE A NATIONAL OF A MEMBER STATE IS PURSUING AN ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON IN THE TERRITORY OF ANOTHER MEMBER STATE , HIS SPOUSE AND THOSE OF THE CHILDREN WHO ARE UNDER THE AGE OF 21 YEARS OR DEPENDENT ON HIM SHALL HAVE THE RIGHT TO TAKE UP ANY ACTIVITY AS AN EMPLOYED PERSON THROUGHOUT THE TERRITORY OF THAT SAME STATE , EVEN IF THEY ARE NOT NATIONALS OF ANY MEMBER STATE . '
10 MRS DIATTA , THE PLAINTIFF IN THE MAIN PROCEEDINGS , ARGUES THAT ARTICLE 10 DOES NOT REFER EXPRESSLY TO CO-HABITATION ; IT MERELY REQUIRES THE MIGRANT WORKER TO MAKE AVAILABLE TO THE MEMBERS OF HIS FAMILY ACCOMMODATION ' CONSIDERED AS NORMAL ' . THE PROVISION IS INTENDED TO IMPLEMENT PUBLIC POLICY AND TO PROTECT PUBLIC SECURITY BY PREVENTING THE IMMIGRATION OF PERSONS WHO WOULD HAVE TO LIVE IN PRECARIOUS CONDITIONS . HOWEVER , THAT DOES NOT MEAN THAT THE SPOUSE OR ANOTHER MEMBER OF THE FAMILY CANNOT OBTAIN ADDITIONAL SPACE BY RENTING SEPARATE ACCOMMODATION . MOREOVER , REGULATION NO 1612/68 CANNOT BE INTERPRETED AS REQUIRING A MARRIED COUPLE TO LIVE TOGETHER . IT IS NOT FOR THE IMMIGRATION AUTHORITIES TO DECIDE WHETHER A RECONCILIATION IS STILL POSSIBLE . MOREOVER , IF CO-HABITATION OF THE SPOUSES WERE A MANDATORY CONDITION , THE WORKER COULD AT ANY MOMENT CAUSE THE EXPULSION OF HIS SPOUSE BY DEPRIVING HER OF A ROOF . FINALLY , ARTICLE 11 OF THE REGULATION ESTABLISHES A MORE EXTENSIVE RIGHT OF RESIDENCE THAN ARTICLE 10 AND IS NECESSARILY BASED ON THE ASSUMPTION THAT IT IS POSSIBLE TO CHOOSE TO LIVE IN SEPARATE