CELEX: C2000/176/03
Language: en
Date: 2000-06-24 00:00:00
Title: Judgment of the Court of 11 April 2000 in Case C-356/98 (reference for a preliminary ruling from the Immigration Adjudicator): Arben Kaba v Secretary of State for the Home Department (Regulation (EEC) No 1612/68 — Free movement of workers — Social advantage — Right of the spouse of a migrant worker to obtain leave to remain indefinitely in the territory of a Member State)

C 176/2                  EN                      Official Journal of the European Communities                                         24.6.2000
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                          of 11 April 2000
                                                                                                     of 11 April 2000
in Joined Cases C-51/96 and C-191/97 (references for a
preliminary ruling from the Tribunal de Première Instance
de Namur): Christelle Deliège v Ligue Francophone de                        in Case C-356/98 (reference for a preliminary ruling from
      Judo et Disciplines Associées ASBL and Others (1)                     the Immigration Adjudicator): Arben Kaba v Secretary of
                                                                                           State for the Home Department (1)
(Freedom to provide services — Competition rules applicable
to undertakings — Judokas — Sports rules providing for
                                                                            (Regulation (EEC) No 1612/68 — Free movement of workers
national quotas and national federations’ selection pro-
                                                                            — Social advantage — Right of the spouse of a migrant
    cedures for participation in international tournaments)
                                                                            worker to obtain leave to remain indefinitely in the territory
                                                                                                    of a Member State)
                           (2000/C 176/02)
                                                                                                     (2000/C 176/03)
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published                          (Language of the case: English)
                    in the European Court Reports)
In Case C-51/96: reference to the Court under Article 177 of                In Case C-356/98: reference to the Court under Article 177 of
the EC Treaty from the Tribunal de Première Instance de                     the EC Treaty from the Immigration Adjudicator, United
Namur, Belgium, for a preliminary ruling in the proceedings                 Kingdom, for a preliminary ruling in the proceedings pending
pending before that court between Christelle Deliège and Ligue              before that court between Arben Kaba and Secretary of State
Francophone de Judo et Disciplines Associées ASBL, Ligue                    for the Home Department — on the interpretation of Article
Belge de Judo ASBL, Union Européenne de Judo (C-51/96) and                  7(2) of Regulation (EEC) No 1612/68 of the Council of
between Christelle Deliège and Ligue Francophone de Judo et                 15 October 1968 on freedom of movement for workers within
Disciplines Associées ASBL, Ligue Belge de Judo ASBL, François              the Community (OJ, English Special Edition 1968 (II), p. 475)
Pacquée (C-191/97) — on the interpretation of Articles 59 of                — the Court, composed of: G.C. Rodrı́guez Iglesias, President,
the EC Treaty (now, after amendment, Article 49 EC), 60, 66,                J.C. Moitinho de Almeida, D.A.O. Edward and L. Sevón,
85 and 86 of the EC Treaty (now Articles 50 EC, 55 EC, 81 EC                Presidents of Chambers, C. Gulmann, J.-P. Puissochet,
and 82 EC) — the Court, composed of: G.C. Rodrı́guez Iglesias,              G. Hirsch, P. Jann (Rapporteur) and H. Ragnemalm, Judges;
President, J.C. Moitinho de Almeida, D.A.O. Edward and                      A. La Pergola, Advocate General; D. Louterman-Hubeau,
L. Sevón, Presidents of Chambers, P.J.G. Kapteyn, J.-P. Puisso-            Principal Administrator, for the Registrar, has given a judgment
chet, G. Hirsch, P. Jann and H. Ragnemalm (Rapporteur),                     on 11 April 2000, in which it has ruled:
Judges; G. Cosmas, Advocate General; H. von Holstein, Deputy
Registrar, for the Registrar, has given a judgment on 11 April
2000, in which it has ruled:                                                Legislation of a Member State which requires spouses of migrant
                                                                            workers who are nationals of other Member States to have resided in
                                                                            the territory of that Member State for four years before they become
A rule requiring professional or semi-professional athletes or persons
                                                                            entitled to apply for indefinite leave to remain and to have their
aspiring to take part in a professional or semi-professional activity to
                                                                            applications considered, but which requires residence of only 12
have been authorised or selected by their federation in order to be able
                                                                            months for the spouses of persons who are settled in that territory,
to participate in a high-level international sports competition, which
                                                                            does not constitute discrimination contrary to Article 7(2) of
does not involve national teams competing against each other, does
                                                                            Regulation (EEC) No 1612/68 of the Council of 15 October 1968
not in itself, as long as it derives from a need inherent in the
                                                                            on freedom of movement for workers within the Community.
organisation of such a competition, constitute a restriction on the
freedom to provide services prohibited by Article 59 of the EC Treaty
(now, after amendment, Article 49 EC).
                                                                            (1) OJ C 358 of 21.11.1998.
(1) OJ C 133 of 4.5.1996; OJ C 212 of 12.7.1997.