Someone recently bought our

students are currently browsing our notes.

X

Case C-60/00 Mary Carpenter

[2002] ECR I-6279

Case summary last updated at 12/02/2020 17:08 by the Oxbridge Notes in-house law team.

Judgement for the case Case C-60/00 Mary Carpenter

P was a Filipino citizen who had overstayed her entry permit and faced deportation. She argued that, as the one who looked after her husbands children, his ability to provide his service (i.e. to carry on his business) in other MSs would be impossible, as there would be nobody to look after his children. This would therefore impede art. 49 freedom to provide services. The ECJ said MSs could take measures that would obstruct the freedom to provide services, only if the measure is one that is compatible with fundamental rights, which the court observes. Here Mr. Carpenter’s right to family life was a fundamental right, which would be harmed if his wife was deported. The decision to deport was disproportionate given that she posed no risk while remaining in the country. Thus the interference with Mr. C’s freedom to provide services was interfered with in a way that was incompatible with his fundamental rights.

Have you seen Oxbridge Notes' best European Law study materials?

Our law notes have been a popular underground sensation for 10 years:

  • Written by Oxford & Cambridge prize-winning graduates
  • Includes copious adademic commentary in summary form
  • Concise structure relating cases and statutes into an easy-to-remember whole
  • Covers all major cases for LLB exams
  • Satisfaction guaranteed refund policy
  • Recently updated
European Law Notes

European Law Notes >>