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Words: | Submitted: Mon Feb 02 2004
... part of the national territory for a period of three years. A comparable conclusion appeared in Morson4, where two Dutch nationals wished to bring their parents who were non EC members into the Netherlands to live with them. In the judgement it was stated that their parents would have been covered by Article 10, Regulation 1612/68 and would have been entitled to join their children if their children had been nationals of another Member State working in the Netherlands. The children were nationals working in their own Member State and had not exercised their right of free movement within the Community therefore EU law would not apply to them as it their situation was wholly internal. In was established in Moser5 that the cross border element must be real, not just potential or hypothetical. It does appear that it is the intention of the ECJ to discriminate and neither EU ...
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