Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/06/2012

Subject: The Court affirmed that Regulation No 1612/68, on freedom of movement for workers within the Community, confers, on the person who is the primary carer of a migrant worker’s or former migrant worker’s child who is attending educational courses in the host Member State, a right of residence in that State. Although that act does not confer such a right on the person who is the primary carer of the child of a person who is self-employed. Moreover the Court affirmed that Directive 2004/38, on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, must be interpreted as meaning that a European Union citizen who is a national of a Member State which recently acceded to the European Union may, pursuant to that provision, rely on a right of permanent residence where he or she has resided in the host Member State for a continuous period of more than five years, part of which was completed before the accession of the former State to the European Union, provided that the residence was in accordance with the conditions laid down in Article 7(1) of Directive 2004/38.

Parties: Czop e Punakova

Classification: Citizens’ rights - Art. 45 Freedom of movement

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