CELEX: C1996/133/34
Language: en
Date: 1996-05-04 00:00:00
Title: Reference for a preliminary ruling from the Landesarbeitsgericht Hamm by order of that court of 1 March 1996 in the case of Vera Jacquet v. Land Nordrhein-Westfalen (Case C-65/96)

No C 133/16         | EN j                    Official Journal of the European Communities                                    4 . 5 . 96
    completion — in official publications of the Member                  Reference for a preliminary ruling from the
    State ?                                                              Landesarbeitsgericht Hamm by order of that court of
                                                                         1 March 1996 in the case of Vera Jacquet v. Land
                                                                                             Nordrhein-Westfalen
(') OJ No L 145 , 13 . 6 . 1977, p . 1 .
                                                                                                 ( Case C-65 /96 )
                                                                                                   ( 96/C 133/34 )
                                                                         Reference has been made to the Court of Justice of the
Reference for a preliminary ruling from the                              European Communities by an order of the Fifth Chamber of
Landesarbeitsgericht Hamm by order of that court of                      the Landesarbeitsgericht Hamm (Higher Labour Court,
26 January 1996 in the case of Land Nordrhein-Westfalen                  Hamm) of 1 March 1996 , which was received at the Court
                          v. Kari Uecker                                 Registry on 8 March 1996 , for a preliminary ruling in the
                         ( Case C-64/96 )                                case of Vera Jacquet v. Land Nordrhein-Westfalen on the
                           ( 96/C 133/33 )                               following questions :
Reference has been made to the Court of Justice of the                   1 . May the spouse — not being a national of a Member
European Communities by an order of the Fifth Chamber of                     State — of a national of that Member State in which the
the Landesarbeitsgericht Hamm ( Higher Labour Court,                         spouses live and in which the spouse who is a national is
Hamm ) of 26 January 1996 , which was received at the                        employed also rely on the right under Article 11 of
Court Registry on 8 March 1996 , for a preliminary ruling in                 Regulation ( EEC ) No 1612/68 0 of 15 October 1968
the case of Land Nordrhein-Westfalen v . Kari Uecker on the                  on freedom of movement for workers within the
following questions :                                                        Community ?
1 . May the spouse — not being a national of a Member
    State — of a national of that Member State in which the
    spouses live and in which the spouse who is a national is            2 . If Question 1 is answered in the affirmative:
    employed also rely on the right under Article 11 of
    Regulation ( EEC ) No 1612/68 ( x ) of 15 October 1968                   Does that right of the spouse who is not a national of a
    on freedom of movement for workers within the                            Member State to 'take up any activity as an employed
    Community ?                                                              person' throughout the territory of the Member State
                                                                             concerned include the right, with respect to the
2 . If Question 1 is answered in the affirmative :                           conditions of employment and work, in particular with
                                                                             respect to the conditions for an effective temporal
    Does that right of the spouse who is not a national of a                 limitation of an employment relationship, to be treated
    Member State to 'take up any activity as an employed                     by an employer in the Member State concerned in the
    person' throughout the territory of the Member State                     same way as that employer would have to treat the
    concerned include the right, with respect to the                         spouse who is a national of the Member State ?
    conditions of employment and work, in particular with
    respect to the conditions for an effective temporal
    limitation of an employment relationship, to be treated
                                                                         3 . If Question 2 is also answered in the affirmative:
    by an employer in the Member State concerned in the
    same way as that employer would have to treat the
    spouse who is a national of the Member State ?                           Does Article 7 ( 1 ) of the said Regulation ( EEC ) No
                                                                              1612/68 in conjunction with Article 48 (2 ) of the EC
3 . If Question 2 is also answered in the affirmative :                      Treaty confer on a worker in a Member State of which
                                                                             he is a national the right to the same treatment as is due
    Does Article 7 ( 1 ) of the said Regulation (EEC )                       to workers who are nationals of another Member State ,
    No 1612/68 in conjunction with Article 48 ( 2 ) of the EC                and is a national provision which has been held by the
    Treaty confer on a worker in a Member State of which                     Court of Justice to be inapplicable against the latter
    he is a national the right to the same treatment as is due               persons therefore also inapplicable against the relevant
    to workers who are nationals of another Member State,                    Member State's own nationals and their spouses who
    and is a national provision which has been held by the                   are not nationals of a Member State ?
    Court of Justice to be inapplicable against the latter
    persons therefore also inapplicable against the relevant
    Member State's own nationals and their spouses who
    are not nationals of a Member State ?                                0 ) OJ, English Special Edition 1968 (II), p. 475 .
C ) OJ , English Special Edition 1968 ( II ), p . 475 .