CELEX: C2003/101/09
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court of 6 March 2003 in Case C-466/00 (Reference for a preliminary ruling from the Immigration Adjudicator): Arben Kaba v Secretary of State for the Home Department (Free movement of workers — Regulation (EEC) No 1612/68 — Social advantage — Right of the spouse of a migrant worker to obtain leave to remain indefinitely in the territory of a Member State)

26.4.2003               EN                           Official Journal of the European Union                                              C 101/5
                 JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                         (Third Chamber)                                                              of 6 March 2003
                       of 13 February 2003                                   in Case C-466/00 (Reference for a preliminary ruling from
                                                                             the Immigration Adjudicator): Arben Kaba v Secretary of
                                                                                           State for the Home Department (1)
in Case C-409/00: Kingdom of Spain v Commission of the
                   European Communities ( 1)
                                                                             (Free movement of workers — Regulation (EEC) No 1612/
                                                                             68 — Social advantage — Right of the spouse of a migrant
                                                                             worker to obtain leave to remain indefinitely in the territory
(State Aid — Transport — Commission notice on the ‘de                                                of a Member State)
minimis’ rule for State aid — Relevant market — Transport
services on own account — Transport services for hire or
reward — Community guidelines on State aid for environ-                                               (2003/C 101/09)
                         mental protection)
                                                                                                (Language of the case: English)
                          (2003/C 101/08)
                   (Language of the case: Spanish)
                                                                             In Case C-466/00: Reference to the Court under Article 234
                                                                             EC by the Immigration Adjudicator (United Kingdom) for a
(Provisional translation; the definitive translation will be published       preliminary ruling in the proceedings pending before that
                   in the European Court Reports)                            tribunal between Arben Kaba and Secretary of State for the
                                                                             Home Department, on the interpretation of the general
                                                                             principles of law governing proceedings before the Court of
                                                                             Justice and of Article 7(2) of Regulation (EEC) No 1612/68 of
                                                                             the Council of 15 October 1968 on freedom of movement for
                                                                             workers within the Community (OJ, English Special Edition
In Case C-409/00, Kingdom of Spain (Agent: Mónica López-                     1968 (II), p. 475), the Court, composed of: G.C. Rodríguez
Monís Gallego) v Commission of the European Communities                      Iglesias, President, J.-P. Puissochet, M. Wathelet, R. Schintgen
(Agents: D. Triantafyllou and S. Pardo): Application for                     and C.W.A. Timmermans (Presidents of Chambers),
annulment of Commission Decision of 26 July 2000 on the                      D.A.O. Edward, P. Jann (Rapporteur), F. Macken, N. Colneric,
aid scheme implemented by Spain for the purchase of                          S. von Bahr and J.N. Cunha Rodrigues, Judges; D. Ruiz-
commercial vehicles via the Cooperation Agreement of 26 Feb-                 Jarabo Colomer, Advocate General; L. Hewlett, Principal
ruary 1997 between the Ministry of Industry and Energy and                   Administrator, for the Registrar, has given a judgment on
the Official Credit Institute (OJ L 212 of 7.8.2001, p. 34),                 6 March 2003, in which it has ruled:
the Court (Third Chamber), composed of: J.-P. Puissochet
(Rapporteur), President of the Chamber, F. Macken and
J.N. Cunha Rodrigues, Judges; M.S. Alber, Advocate General;                  The reply which the Court, in its judgment in Case C-356/98 Kaba,
H.A. Rühl, Principal Administrator, for the Registrar, has given             gave to the questions referred in that case for a preliminary ruling
a judgment on 13 February 2003, in which it:                                 would not have been different had the Court taken into consideration
                                                                             the fact that the situation under national law of the spouse of a
                                                                             migrant worker who is a national of a Member State other than the
1.    Annuls Articles 2 and 4 of Commission Decision 2001/605/               United Kingdom of Great Britain and Northern Ireland and that of
      EC of 26 July 2000 on the aid scheme implemented by Spain              the spouse of a person who is ‘present and settled’ in the United
      for the purchase of commercial vehicles via the Cooperation            Kingdom are, according to the referring tribunal, comparable in all
      Agreement of 26 February 1997 between the Ministry of                  respects except with regard to the period of prior residence which is
      Industry and Energy and the Official Credit Institute.                 required for the purpose of being granted indefinite leave to remain
                                                                             in the United Kingdom. In view of the fact that the situations are not
                                                                             comparable under Community law, the question whether such a
2.    Orders the Commission of the European Communities to pay
                                                                             difference in treatment may be justified has no relevance in this
      the costs.
                                                                             regard.
( 1) OJ C 28 of 27.1.2001.                                                   (1 ) OJ C 61 of 24.2.2001.