CELEX: C2002/233/07
Language: en
Date: 2002-09-28 00:00:00
Title: Judgment of the Court 11 July 2002 in Case C-60/00 (Reference for a preliminary ruling from the Immigration Appeal Tribunal): Mary Carpenter v Secretary of State for the Home Department (Freedom to provide services — Article 49 EC — Directive 73/148/EEC — National of a Member State established in that State and providing services to persons established in other Member States — Right of residence in that State of a spouse who is a national of a third country)

28.9.2002               EN                      Official Journal of the European Communities                                                 C 233/5
M. Condou-Durande), the Court, composed of: G.C. Rodríguez                 let, R. Schintgen and J.N. Cunha Rodrigues (Rapporteur),
Iglesias, President, P. Jann, F. Macken, N. Colneric, S. von               Judges; C. Stix-Hackl, Advocate General; H.A. Rühl, Principal
Bahr (Presidents of Chambers), C. Gulmann (Rapporteur),                    Administrator, for the Registrar, has given a judgment on
D.A.O. Edward, A. La Pergola, J.-P. Puissochet, M. Wathelet,               11 July 2002, in which it has ruled:
R. Schintgen, V. Skouris and J.N. Cunha Rodrigues, Judges;
F.G. Jacobs, Advocate General; D. Louterman-Hubeau, Head of
Division, for the Registrar, has given a judgment on 25 July               Article 49 EC, read in the light of the fundamental right to respect
2002, in which it:                                                         for family life, is to be interpreted as precluding, in circumstances
                                                                           such as those in the main proceedings, a refusal, by the Member State
                                                                           of origin of a provider of services established in that Member State
1.    Dismisses the appeal;                                                who provides services to recipients established in other Member States,
                                                                           of the right to reside in its territory to that provider’s spouse, who is a
2.    Orders Unión de Pequeños Agricultores to pay the costs;              national of a third country.
3.    Orders the Commission of the European Communities to bear
      its own costs.                                                       (1 ) OJ C 122 of 29.4.2000.
( 1) OJ C 176 of 24.6.2000.
                                                                                             JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                                 (Fifth Chamber)
                           11 July 2002                                                                   11 July 2002
in Case C-60/00 (Reference for a preliminary ruling from                   in Case C-62/00 (Reference for a preliminary ruling from
the Immigration Appeal Tribunal): Mary Carpenter v                         the Court of Appeal (England & Wales) (Civil Division)):
       Secretary of State for the Home Department (1)                      Marks & Spencer plc v Commissioners of Customs &
                                                                                                            Excise ( 1)
(Freedom to provide services — Article 49 EC — Directive
73/148/EEC — National of a Member State established in
                                                                           (Sixth VAT directive — National legislation retroactively
that State and providing services to persons established in
                                                                           curtailing a limitation period for repayment of sums unduly
other Member States — Right of residence in that State of a                paid — Compatibility with the principles of effectiveness
           spouse who is a national of a third country)
                                                                                   and of the protection of legitimate expectations)
                         (2002/C 233/07)
                                                                                                       (2002/C 233/08)
                    (Language of the case: English)
                                                                                                (Language of the case: English)
In Case C-60/00: Reference to the Court under Article 234 EC
by the Immigration Appeal Tribunal (United Kingdom) for a                  In Case C-62/00: Reference to the Court under Article 234 EC
preliminary ruling in the proceedings pending before that                  for a preliminary ruling by the Court of Appeal (Civil Division)
court between Mary Carpenter and Secretary of State for the                (England and Wales) in the proceedings pending before that
Home Department, on the interpretation of Article 49 EC and                court between Marks & Spencer plc and Commissioners of
Council Directive 73/148/EEC of 21 May 1973 on the                         Customs & Excise, on the interpretation of Community law on
abolition of restrictions on movement and residence within                 the recovery of sums unduly paid, the Court (Fifth Chamber),
the Community for nationals of Member States with regard to                composed of: P. Jann, President of the Chamber,
establishment and the provision of services (OJ 1973 L 172,                D.A.O. Edward and A. La Pergola (Rapporteur), Judges;
p. 14), the Court, composed of: G.C. Rodríguez Iglesias,                   L.A. Geelhoed, Advocate General; L. Hewlett, Administrator,
President, N. Colneric and S. von Bahr (Presidents of Cham-                for the Registrar, has given a judgment on 11 July 2002, in
bers), C. Gulmann, D.A.O. Edward, J.-P. Puissochet, M. Wathe-              which it has ruled: