CELEX: C1999/136/01
Language: en
Date: 1999-05-15 00:00:00
Title: Judgment of the Court of 2 March 1999 in Case C-416/96 (reference for a preliminary ruling from the Immigration Adjudicator: Nour Eddline El-Yassini v Secretary of State for the Home Department (Definition of court or tribunal for the purposes of Article 177 of the Treaty - EEC-Morocco Cooperation Agreement - First paragraph of Article 40 - Principle of non-discrimination as regards working conditions or remuneration - Direct effect - Scope - Refusal to extend a residence permit, bringing to an end the employment of a Moroccan worker in a Member State)

15.5.1999             EN                     Official Journal of the European Communities                                             C 136/1
                                                                     I
                                                               (Information)
                                                  COURT OF JUSTICE
                                                           COURT OF JUSTICE
                JUDGMENT OF THE COURT                                    the Kingdom of Morocco, signed in Rabat on 27 April 1976
                                                                         and concluded on behalf of the Community by Council
                                                                         Regulation (EEC) No 2211/78 (OJ L 264 27.9.1978, p. 1) —
                                                                         the Court, composed of: G. C. Rodrı́guez Iglesias, President,
                       of 2 March 1999                                   P. J. G. Kapteyn, J.-P. Puissochet, G. Hirsch and P. Jann, Presi-
                                                                         dents of Chambers, G. F. Mancini, J. C. Moitinho de Almeida,
                                                                         C. Gulmann, D. A. O. Edward, H. Ragnemalm, L. Sevón,
                                                                         M. Wathelet and R. Schintgen (Rapporteur), Judges, P. Léger,
                                                                         Advocate General; D. Louterman-Hubeau, Principal Adminis-
in Case C-416/96 (reference for a preliminary ruling from                trator, for the Registrar, has given a judgment on 2 March
the Immigration Adjudicator: Nour Eddline El-Yassini v                   1999, in which it has ruled:
      Secretary of State for the Home Department (1)
                                                                         The first paragraph of Article 40 of the Cooperation Agreement
(Definition of court or tribunal for the purposes of Article             between the European Economic Community and the Kingdom of
177 of the Treaty — EEC-Morocco Cooperation Agreement                    Morocco, signed in Rabat on 27 April 1976 and concluded on
— First paragraph of Article 40 — Principle of non-                      behalf of the Community by Council Regulation (EEC) No 2211/78
discrimination as regards working conditions or remuner-                 of 26 September 1978, is to be interpreted as not precluding in
ation — Direct effect — Scope — Refusal to extend a                      principle a host Member State from refusing to extend the residence
residence permit, bringing to an end the employment of a                 permit of a Moroccan national whom it has authorised to enter its
            Moroccan worker in a Member State)                           territory and to take up gainful employment there, for the entire
                                                                         period during which he has that employment there, where the initial
                                                                         reason for the grant of his leave to stay no longer exists by the time
                                                                         that his residence permit expires.
                        (1999/C 136/01)
                                                                         The situation would be different only if, in the absence of grounds
                                                                         relating to the protection of a legitimate national interest, such as
                                                                         public policy, public security or public health, that refusal were to
                  (Language of the case: English)                        affect the right actually to engage in employment conferred on the
                                                                         person concerned by a work permit duly granted by the competent
                                                                         national authorities for a period exceeding that of his residence
                                                                         permit. It is for the national court to determine whether that is the
                                                                         case.
                                                                         (1) OJ C 74, 8.3.1997.
In Case C-416/96: reference to the Court under Article 177 of
the EC Treaty from the Immigration Adjudicator (United
Kingdom) for a preliminary ruling in the proceedings pending
before that court between Nour Eddline El-Yassini and Sec-
retary of State for the Home Department — on the interpret-
ation of the first paragraph of Article 40 of the Cooperation
Agreement between the European Economic Community and