Opinion of advocate general Jacobs delivered on 9 June 1993

1 Original language: English.

2 Sec Council Directive 90/364/EEC on the right of residence, Council Directive 90/365/EEC on the right of residence for employees and self-employed persons who have ceased their occupational activity, and Council Directive 90/366/EEC on the right of residence for students (OJ 1990 L 180, p. 26, p. 28 and p. 30 respectively). It is to be noted that the last Directive was annulled by the Court in Case C-295/90 Parliament v Coimai [1992] ECR I-4193, on the ground that the wrong Treaty basis had been employed (Article 235 rather than Article 7). The Court however preserved the effects of the Directive pending its reenactment using the correct Treaty basis.

3 For the text of that proposal see OJ 1992 C 46, p. 1.

4 On the status of that declaration and on the possible legal effects of the time-limit set in Article 8a, see H. G. Schermers The effect of the date 31 December 1992 in Common Market Law Review 28 (1991) pp. 275289. Sec also A. G. Toth The legal status of the declarations annexed to the Single European Act in Common Market Law Review 23 (1986) pp. 803812.