Opinion of Mr Advocate General Tesauro delivered on 21 February 1991

1 Original language: Italian.

2 Directive 68/360/EEC of the Council of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (OJ, English Special Edition 1968 (I), p. 485).

3 Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence with the Community for nationals of Member States with regard to establishment and the provision of services (OJ 1973 L 172, p. 14).

4 Case 118/75 Watson and Btlmann [1976] ECR 1185, paragraph 16.

5 Case 157/79 Keek [1989] ECR 2171, paragraph 4; Case 8/77 Sagulo [1977] ECR 1495, paragraph 4.

6 Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968 (II), p- 475).

7 Regulation (EEC) No 1251/70 of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State (OJ, English Special Edition 1970 (II), p. 402).

8 Council Directive 75/34/EEC of 17 December 1974 concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity (OJ 1974 L 14, p. 10).

9 Case 186/87 Cowan [1989] ECR 195, paragraph 15; Joined Cases 286/82 and 26/83 Luisi and Carboni [1984] ECR 377, paragraph 16.

10 Council Directive 90/364/EEC of 28 June 1990 on the right of residence (OJ 1990 L 180, p. 26); Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity (OJ 1990 L 180, p. 28); Council Directive 90/366/EEC of 28 June 1990 on the right of residence for students (OJ 1990 L 180, p. 30). Those three directives were adopted on the basis of Article 235 of the Treaty; the time-limit imposed on the Member Sutes for adoption of the necessary implementing provisions is 30 June 1992.

11 Case 157/79, cited above.

12 Case 321/87, [1989] ECR 997, paragraphs U to 15.

13 Case 30/77 Bouchereau [1977] ECR 1997, paragraph 34; Cast 41/74 Van Duyn [1974] ECR 1337, paragraph 18.

14 Case 321/87 Commission v Belgium, supra, paragraph 10; Case 157/79 Piéck, supra, paragraph 9.

15 See Article 3 of Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of_ foreign nationals which are justified on grounds of public policy, public security or public health (OJ, English Special Edition 1963-1964, p. 117); judgments in Joined Cases 115/81 and 116/81 Adout and Cornuaille [1982] ECR 1665, paragraph 11; Case 48/75 Royer [1976] ECR 497, paragraphs 45 to 48; and Case 67/74 Bonsignore [1975] ECR 297, paragraph 6.

16 Judgment in Bouchereau, supra, paragraph 35; Adorn and Cornuaille, supra, paragraph 8; ana Case 36/75 Rutili [1975] ECR 1219, paragraphs 26 to 28.