Mary Carpenter v. Secretary of State for the Home Department, Case C-60/00, CJEU, 11 July 2002

Infringement of the right to respect for family life by a Member State which denies the right of residence to the spouse of a service provider. Prohibition of discrimination.

Art. 49 EC
Council Directive 73/148 / EEC of 21 May 1973 on the abolition of restrictions on the transfer and residence of nationals of Member States within the Community with regard to establishment and provision of services.

 

The right to free provision of services guaranteed by art. 49 EC can be relied upon by a service provider against the State in which he is established, when the services are provided to recipients established in another Member State. Therefore, a Member State can raise reasons of general interest in order to justify a national measure aimed at hindering the exercise of the freedom to provide services only if that measure is in conformity with the fundamental rights guaranteed by the text of the Treaties. In this regard, the exclusion of a person from a country where his or her relatives live may represent an interference with the right to respect for family life as protected by art. 8 of the European Convention on Human Rights. Such interference violates the Convention unless it is dictated by one (or more) legitimate purposes within the meaning of the aforementioned provision and "necessary, in a democratic society", i.e. justified by a social need and proportionate to the legitimate aim pursued.