D.M. Levin v Staatssecretaris van Justitie.
Date: 1982-03-23
13 IN THIS RESPECT IT MUST BE STRESSED THAT THESE CONCEPTS DEFINE THE FIELD OF APPLICATION OF ONE OF THE FUNDAMENTAL FREEDOMS GUARANTEED BY THE TREATY AND , AS SUCH , MAY NOT BE INTERPRETED RESTRICTIVELY .
15 AN INTERPRETATION WHICH REFLECTS THE FULL SCOPE OF THESE CONCEPTS IS ALSO IN CONFORMITY WITH THE OBJECTIVES OF THE TREATY WHICH INCLUDE , ACCORDING TO ARTICLES 2 AND 3 , THE ABOLITION , AS BETWEEN MEMBER STATES , OF OBSTACLES TO FREEDOM OF MOVEMENT FOR PERSONS , WITH THE PURPOSE INTER ALIA OF PROMOTING THROUGHOUT THE COMMUNITY A HARMONIOUS DEVELOPMENT OF ECONOMIC ACTIVITIES AND A RAISING OF THE STANDARD OF LIVING . SINCE PART-TIME EMPLOYMENT , ALTHOUGH IT MAY PROVIDE AN INCOME LOWER THAN WHAT IS CONSIDERED TO BE THE MINIMUM REQUIRED FOR SUBSISTENCE , CONSTITUTES FOR A LARGE NUMBER OF PERSONS AN EFFECTIVE MEANS OF IMPROVING THEIR LIVING CONDITIONS , THE EFFECTIVENESS OF COMMUNITY LAW WOULD BE IMPAIRED AND THE ACHIEVEMENT OF THE OBJECTIVES OF THE TREATY WOULD BE JEOPARDIZED IF THE ENJOYMENT OF RIGHTS CONFERRED BY THE PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS WERE RESERVED SOLELY TO PERSONS ENGAGED IN FULL-TIME EMPLOYMENT AND EARNING , AS A RESULT , A WAGE AT LEAST EQUIVALENT TO THE GUARANTEED MINIMUM WAGE IN THE SECTOR UNDER CONSIDERATION .
16 IT FOLLOWS THAT THE CONCEPTS OF ' ' WORKER ' '  AND ' ' ACTIVITY AS AN EMPLOYED PERSON ' '  MUST BE INTERPRETED AS MEANING THAT THE RULES RELATING TO FREEDOM OF MOVEMENT FOR WORKERS ALSO CONCERN PERSONS WHO PURSUE OR WISH TO PURSUE AN ACTIVITY AS AN EMPLOYED PERSON ON A PART-TIME BASIS ONLY AND WHO , BY VIRTUE OF THAT FACT OBTAIN OR WOULD OBTAIN ONLY REMUNERATION LOWER THAN THE MINIMUM GUARANTEED REMUNERATION IN THE SECTOR UNDER CONSIDERATION . IN THIS REGARD NO DISTINCTION MAY BE MADE BETWEEN THOSE WHO WISH TO MAKE DO WITH THEIR INCOME FROM SUCH AN ACTIVITY AND THOSE WHO SUPPLEMENT THAT INCOME WITH OTHER INCOME , WHETHER THE LATTER IS DERIVED FROM PROPERTY OR FROM THE EMPLOYMENT OF A MEMBER OF THEIR FAMILY WHO ACCOMPANIES THEM .
17 IT SHOULD HOWEVER BE STATED THAT WHILST PART-TIME EMPLOYMENT IS NOT EXCLUDED FROM THE FIELD OF APPLICATION OF THE RULES ON FREEDOM OF MOVEMENT FOR WORKERS , THOSE RULES COVER ONLY THE PURSUIT OF EFFECTIVE AND GENUINE ACTIVITIES , TO THE EXCLUSION OF ACTIVITIES ON SUCH A SMALL SCALE AS TO BE REGARDED AS PURELY MARGINAL AND ANCILLARY . IT FOLLOWS BOTH FROM THE STATEMENT OF THE PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS AND FROM THE PLACE OCCUPIED BY THE RULES RELATING TO THAT PRINCIPLE IN THE SYSTEM OF THE TREATY AS A WHOLE THAT THOSE RULES GUARANTEE ONLY THE FREE MOVEMENT OF PERSONS WHO PURSUE OR ARE DESIROUS OF PURSUING AN ECONOMIC ACTIVITY .
19 THE THIRD QUESTION ESSENTIALLY SEEKS TO ASCERTAIN WHETHER THE RIGHT TO ENTER AND RESIDE IN THE TERRITORY OF A MEMBER STATE MAY BE DENIED TO A WORKER WHOSE MAIN OBJECTIVES , PURSUED BY MEANS OF HIS ENTRY AND RESIDENCE , ARE DIFFERENT FROM THAT OF THE PURSUIT OF AN ACTIVITY AS AN EMPLOYED PERSON AS DEFINED IN THE ANSWER TO THE FIRST AND SECOND QUESTIONS .
21 HOWEVER , THESE FORMULATIONS MERELY GIVE EXPRESSION TO THE REQUIREMENT , WHICH IS INHERENT IN THE VERY PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS ,     THAT THE ADVANTAGES WHICH COMMUNITY LAW CONFERS IN THE NAME OF THAT FREEDOM MAY BE RELIED UPON ONLY BY PERSONS WHO ACTUALLY PURSUE OR SERIOUSLY WISH TO PURSUE ACTIVITIES AS EMPLOYED PERSONS . THEY DO NOT , HOWEVER , MEAN THAT THE ENJOYMENT OF THIS FREEDOM MAY BE MADE TO DEPEND UPON THE AIMS PURSUED BY A NATIONAL OF A MEMBER STATE IN APPLYING FOR ENTRY UPON AND RESIDENCE IN THE TERRITORY OF ANOTHER MEMBER STATE , PROVIDED THAT HE THERE PURSUES OR WISHES TO PURSUE AN ACTIVITY WHICH MEETS THE CRITERIA SPECIFIED ABOVE , THAT IS TO SAY , AN EFFECTIVE AND GENUINE ACTIVITY AS AN EMPLOYED PERSON .
22 ONCE THIS CONDITION IS SATISFIED , THE MOTIVES WHICH MAY HAVE PROMPTED THE WORKER TO SEEK EMPLOYMENT IN THE MEMBER STATE CONCERNED ARE OF NO ACCOUNT AND MUST NOT BE TAKEN INTO CONSIDERATION .
23 THE ANSWER TO BE GIVEN TO THE THIRD QUESTION PUT TO THE COURT BY THE RAAD VAN STATE MUST THEREFORE BE THAT THE MOTIVES WHICH MAY HAVE PROMPTED A WORKER OF A MEMBER STATE TO SEEK EMPLOYMENT IN ANOTHER MEMBER STATE ARE OF NO ACCOUNT AS REGARDS HIS RIGHT TO ENTER AND RESIDE IN THE TERRITORY OF THE LATTER STATE PROVIDED THAT HE THERE PURSUES OR WISHES TO PURSUE AN EFFECTIVE AND GENUINE ACTIVITY .