GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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14:52 Jan 25, 2006 |
English to Latvian translations [PRO] Law/Patents - Law (general) / EU legislation | |||||||
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| Selected response from: Inese Poga-Smith Canada Local time: 20:31 | ||||||
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4 +3 | Givane un pārējie sk.arī pask. |
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givane and others Givane un pārējie sk.arī pask. Explanation: Slavena lieta: Givane un pārējie pret AK Mājokļu departamenta Valsts sekretāru Tā kā Nani Givane ir Indijas pilsone, viņas mirušais vīrs, imigrējis uz Portugāli, droši vien arī indiešu izcelsmes, bet ieguvis Portugāles pavalstniecību (Rama Givane), tad visticamāk, ka jātulko Givane, tā ar ļoti plaši pazīstama lieta, un Juridiskās aprindās ES mērogā labi zināma -------------------------------------------------- Note added at 1 hr (2006-01-25 16:08:46 GMT) -------------------------------------------------- Īss izklāsts Mr Givane, a Portuguese national, entered the United Kingdom on 15 April 1992 to work there as a chef. He obtained a five-year residence permit. He was continuously resident in the United Kingdom until 10 April 1995, the date on which he went to India to stay for 10 months. On 16 February 1996, Mr Givane returned to the United Kingdom accompanied by his spouse, Mrs Givane, and their three children, Vashuben, Vinodbhai and Subashkumar, all four being of Indian nationality and the appellants in the main proceedings (hereinafter 'the appellants). Mr Givane was in possession of an EU residence permit valid until 21 July 2002, whereas the others had obtained an entry clearance granted to family members of nationals of the European Economic Area ('EEA Family Permit). On 11 November 1997, Mr Givane died as a result of kidney failure and chronic liver disease, which were not regarded as occupational diseases in this particular case. The Secretary of State was informed of that death in June 1998. The appellants applied for indefinite leave to remain in the United Kingdom under Article 3(2) of Regulation No 1251/70, relying on the right of residence of family members of a deceased worker. On 21 August 1998, the Secretary of State refused their application on the ground that, at the date of his death, Mr Givane did not satisfy the test, laid down by that provision, of continuous residence in the host Member State for at least two years. According to the Secretary of State, that period of residence must immediately precede the worker's death. The appellants appealed against that decision to the Immigration Adjudicator. That appeal was rejected by decision of 26 June 1999, on the ground that Article 3(2) of Regulation No 1251/70 required, in Mr Givane's case, residence in the United Kingdom for a continuous period of two years immediately preceding his death. The appellants appealed against that decision to the Immigration Appeal Tribunal. Since it considered that the dispute before it required the interpretation of Article 3(2) of Regulation No 1251/70, the Immigration Appeal Tribunal decided to stay proceedings and to refer a number of questions to the Court for a preliminary ruling. -------------------------------------------------- Note added at 1 hr (2006-01-25 16:17:08 GMT) -------------------------------------------------- Un varbūt pat labāk ir "Givane un citi pret ..." Reference: http://www.curia.eu.int/en/actu/activites/act03/0301en.htm#T... Reference: http://lexetius.com/2003,17 |
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