Case C-60/00 Mary Carpenter [2002] ECR I-6279

Plaintiff 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 Article 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. Carpenter’s freedom to provide services was interfered with in a way that was incompatible with his fundamental rights.