EFTA believes UNE’s decision was wrong – NRK

The case began in 2012 when a Norwegian woman living in Spain married man from Gambia. He had legal residence in Spain.

The woman received when disability pension from Norway. The two wanted to move to Norway, but the man was denied residence in Norway even though he was married to an EEA citizen. Immigration interpreted the law so that man had no right to stay.

After EU rules could pair move to any EU country, but not to the woman’s homeland. The fact that the woman has received Norwegian social security, and have not had a job in Spain is one of the elements in the case.

The case has circulated for several years as an appeal, and ended in the Oslo District Court.

the principle of free movement across borders was the theme of the issue – and how the EU and EEA many and complex rules should be interpreted.

the verdict is formulated as an advice to the Oslo City Court, but Gambians attorney Arild Bumblebee, believe the court in Norway will follow it.

– There is a unanimous and very clear judgment in violation of Norway’s legal opinion, and in line with the understanding we have contended, says bumblebee.

the bumblebee thinks it may have implications for other issues.

– In reality this is an undoubtedly binding decision that will determine and govern the decisions of Norwegian courts, he said.

Paul Wennerås of the Attorney General who brought the case to Norway says the Court departs from a judgment in the European Court, thus expanded what EEA agreement shall apply. He says Norwegian law generally følgjr judge in the Court.

Communications Director Bjørn Lyster UNE says to NRK that they observes that the Court disagrees with their interpretation, but that because of the holiday can not give more comments.