CELEX: C2003/044/09
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 9 January 2003 in Case C-257/00 (Reference for a preliminary ruling from the l'Immigration Appeal Tribunal): Nani Givane and Others v Secretary of State for the Home Department (Freedom of movement for workers — Regulation (EEC) No 1251/70 — Right of workers to remain in the territory of a Member State after having been employed in that State — Right of residence of members of the family of a deceased worker — Requirement of the worker's continuous residence for at least two years)

22.2.2003               EN                           Official Journal of the European Union                                                 C 44/5
1.    Dismissed the action;                                                                   JUDGMENT OF THE COURT
2.    Ordered the Italian Republic to pay the costs.
                                                                                                       (Fifth Chamber)
( 1) OJ C 211 of 22.7.2000.
                                                                                                      of 9 January 2003
                                                                             in Case C-257/00 (Reference for a preliminary ruling from
                                                                             the l’Immigration Appeal Tribunal): Nani Givane and
                                                                              Others v Secretary of State for the Home Department (1)
          JUDGMENT OF THE COURT OF JUSTICE
                          (Fifth Chamber)                                    (Freedom of movement for workers — Regulation (EEC) No
                                                                             1251/70 — Right of workers to remain in the territory of a
                                                                             Member State after having been employed in that State —
                         of 9 January 2003                                   Right of residence of members of the family of a deceased
                                                                             worker — Requirement of the worker’s continuous residence
in Case C-178/00: Italian Republic v Commission of the                                              for at least two years)
                   European Communities ( 1)
(EAGGF — Clearance of accounts — 1995 financial year                                                    (2003/C 44/09)
— Cereals — Durum wheat — Soft wheat, barley and corn)
                                                                                                (Language of the case: English)
                           (2003/C 44/08)
                    (Language of the case: Italian)
(Provisional translation; the definitive translation will be published       In Case C-257/00: Reference to the Court under Article 234
                   in the European Court Reports)                            EC by the Immigration Appeal Tribunal (United Kingdom) for
                                                                             a preliminary ruling in the proceedings pending before that
                                                                             court between Nani Givane and Others and Secretary of State
                                                                             for the Home Department, on the interpretation of Article 3(2)
In Case C-178/00: Italian Republic (Agent: U. Leanza, assisted               of Commission Regulation (EEC) No 1251/70 of 29 June 1970
by D. Del Gaizo) against Commission of the European                          on the right of workers to remain in the territory of a Member
Communities (Agents: E. de March and L. Visaggio, assisted by                State after having been employed in that State (OJ, English
A. Dal Ferro) — application for partial annulment of the                     Special Edition 1970 (II), p. 402), the Court (Fifth Chamber),
Commission’s Decision 2000/197/EC of 1 March 2000                            composed of: M. Wathelet, President of the Chamber,
amending Decision 1999/187/EC on the clearance of the                        C.W.A. Timmermans, D.A.O. Edward, P. Jann and A. Rosas
accounts presented by the Member States in respect of the                    (Rapporteur), Judges; S. Alber, Advocate General; R. Grass,
expenditure for 1995 of the Guarantee Section of the European                Registrar, has given a judgment on 9 January 2003, in which
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2000                    it has ruled:
L 61, p. 15) in so far as it made financial adjustments to certain
expenses declared by Italy — the Court of Justice (Fifth
Chamber), composed of M. Wathelet, President of the Chamb-
er, and D.A.O. Edward, A La Pergola, P. Jann (Rapporteur) and                On a proper construction of the first indent of Article 3(2) of
                                                                             Commission Regulation (EEC) No 1251/70 of 29 June 1970 on
S. von Bahr, Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 9 January 2003, in which it:                   the right of workers to remain in the territory of a Member State after
                                                                             having been employed in that State the period of two years’ continuous
                                                                             residence required by that provision must immediately precede the
1.    Dismissed the action;                                                  worker’s death.
2.    Ordered the Italian Republic to pay the costs.
                                                                             (1 ) OJ C 247 of 26.8.2000.
( 1) OJ C 211 of 22.7.2000.