Beruflich Dokumente
Kultur Dokumente
Background: https://swarb.co.uk/carpenter-v-secretary-of-state-for-the-home-department-
ecj-11-jul-2002/
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Summary:
Request Petición presented to the Court of Justice of the European Union relating to
the interpretation of Article 49 EC and Directiva del consejo Council Directive
73/148/EEC on the abolition/supresión of restrictions on movement and residence
within the Community for national of Member States with regard to creacion y
prestacion de servicios establishment and the provision of services.
Further information:
Ms Carpenter was given leave in 1994 to enter the United Kingdom as a visitor for six
months. She overstayed that leave without seeking an extension and, in May 1996,
married a UK national. Mr Carpenter runs a business of which a significant
proportion gran parte de sus operaciones son con clientes, por lo que is conducted
with costumers established in other EU Member States. Mr Carpenter travels to
those Member States for the purposes of his business. In July 1996, Mary Carpenter
applied to le solicitó al the Secretary of State for leave to remain as the spouse of a
United Kingdom national ciudadano de nacionalidad británica. The Secretary of
State refused the application, and decided to make a deportation order against her
because she had overstayed her original leave to enter.
The Court of Justice made it clear in July 2002 that a national of a Member State
established in that State, who carries on a cross-border business realice
operaciones transfronterizas prestando providing services, may rely contar con el
amparo del derecho comunitario on Community law for the purpose of enabling his
spouse, who is a national of a third country, to obtain a right to reside in that State.
El artículo 50 del Treaty on European Union Tratado de la Unión Europea.