44The United Kingdom Government also contends that the ruling in Terhoeve is not applicable to the facts of the main proceedings. It considers that Mr Hendrix cannot be regarded as a worker who has exercised his right of freedom of movement and refers, inter alia, in addition to the judgment in Werner, to points 93 to 97 of the Opinion of Advocate General Jacobs in Joined Cases C-245/94 and C-312/94 Hoever and Zachow [1996] ECR I-4895. His argument was that Regulation No 1612/68 only applies to workers who are nationals of one Member State but work in another Member State. Accordingly, given the situation of Mr Hendrix, he cannot be considered to be a worker who has exercised his right to freedom of movement and as such entitled to rely on the provisions of Regulation No 1612/68.
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