( FEDERAL ADMINISTRATIVE COURT ) REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF ARTICLES 10 AND 11 OF REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . 475 ).
2 THE QUESTIONS AROSE IN A DISPUTE BETWEEN MRS DIATTA , A SENEGALESE NATIONAL , AND THE LAND BERLIN , REPRESENTED BY THE POLIZEIPRASIDENT ( CHIEF COMMISSIONER OF POLICE ).
3 MRS DIATTA MARRIED A FRENCH NATIONAL WHO RESIDES AND WORKS IN BERLIN . SHE HAS WORKED CONTINUOUSLY IN BERLIN SINCE FEBRUARY 1978 .
4 AFTER LIVING WITH HER HUSBAND FOR SOME TIME , SHE SEPARATED FROM HIM ON 29 AUGUST 1978 WITH THE INTENTION OF DIVORCING AND HAS LIVED SINCE IN SEPARATE ACCOMMODATION .
5 ON THE EXPIRY OF HER RESIDENCE PERMIT , MRS DIATTA REQUESTED AN EXTENSION . BY A DECISION OF 29 AUGUST 1980 , THE POLIZEIPRASIDENT REJECTED THAT REQUEST ON THE GROUNDS THAT MRS DIATTA WAS NO LONGER A MEMBER OF THE FAMILY OF A NATIONAL OF A MEMBER STATE OF THE EEC AND THAT SHE DID NOT LIVE WITH HER HUSBAND . THAT REFUSAL WAS UPHELD BY THE VERWALTUNGSGERICHT ( ADMINISTRATIVE COURT ) ON THE GROUND THAT THE SPOUSES DID NOT LIVE TOGETHER . ON THE OTHER HAND , THE VERWALTUNGSGERICHT TOOK THE VIEW THAT THE FAMILY RELATIONSHIP STILL EXISTED . MRS DIATTA APPEALED AGAINST THAT DECISION TO THE OBERVERWALTUNGSGERICHT ( HIGHER ADMINISTRATIVE COURT ) AND , FOLLOWING THE DISMISSAL OF THAT APPEAL , TO THE BUNDESVERWALTUNGSGERICHT .
6 THE BUNDESVERWALTUNGSGERICHT REFERRED TO THE COURT THE FOLLOWING QUESTIONS :
( 1 ) IS ARTICLE 10 ( 1 ) OF REGULATION ( EEC ) NO 1612/68 TO BE INTERPRETED AS MEANING THAT THE SPOUSE OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE AND WHO IS EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE MAY BE SAID TO LIVE ' WITH THE WORKER ' IF SHE HAS IN FACT SEPARATED FROM HER SPOUSE PERMANENTLY BUT NONE THE LESS LIVES IN HER OWN ACCOMMODATION IN THE SAME PLACE AS THE WORKER?
( 2)DOES ARTICLE 11 OF REGULATION ( EEC ) NO 1612/68 ESTABLISH FOR A SPOUSE WHO , THOUGH NOT A NATIONAL OF A MEMBER STATE , IS MARRIED TO A NATIONAL OF A MEMBER STATE WHO WORKS AND LIVES IN THE TERRITORY OF ANOTHER MEMBER STATE A RIGHT OF RESIDENCE WHICH DOES NOT DEPEND ON THE CONDITIONS SET OUT IN ARTICLE 10 OF THAT REGULATION , IF THE SPOUSE WISHES TO PURSUE AN ACTIVITY AS AN EMPLOYED PERSON IN THE TERRITORY OF THAT MEMBER STATE?
7 THE TWO QUESTIONS REFERRED TO THE COURT BY THE BUNDESVERWALTUNGSGERICHT ARE INTENDED TO ESTABLISH WHETHER THE MEMBERS OF A MIGRANT WORKER ' S FAMILY , AS DEFINED IN ARTICLE 10 OF REGULATION NO 1612/68 , ARE NECESSARILY REQUIRED TO LIVE