42That however is not the situation of Mr Hendrix. He did leave his State of origin, but he did so merely to reside in another Member State and not to carry on an economic activity there. Since he has never worked outside the Netherlands, he has never exercised his rights of freedom of movement. The opinion of the defendant in the main proceedings is that Article 39 EC should be interpreted in the light of the reasoning employed by the Court on the subject of freedom of establishment in Case C-112/91 Werner [1993] ECR I-429. The Court there ruled that the mere fact that a person resides in a Member State without establishing himself there did not embody any foreign element on the basis of which Article 43 EC could be pleaded.
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