Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 12/11/2007

Subject: The Court of Justice ruled that the right of a third-country national who is a member of the family of a Community worker to install himself with that worker may be relied on only in the Member State where that worker resides. Therefore, in the event of a Community worker returning to the Member State of which he is a national, Community law does not require the authorities of that State to grant a right of entry and residence to a third-country national who is a member of that worker’s family because of the mere fact that, in the host Member State where that worker was gainfully employed, that third-country national held a valid residence permit. The Court also ruled that when a worker returns to the Member State of which he is a national, after being gainfully employed in another Member State, a third-country national who is a member of his family has a right to reside in the Member State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities. The fact that a third-country national who is a member of a Community worker’s family did not, before residing in the Member State where the worker was employed, have a right under national law to reside in the Member State of which the worker is a national has no bearing on the determination of that national’s right to reside in the latter State.

Parties: Minister voor Vreemdelingenzaken en Integratie e R.N.G. Eind

Classification: Solidarity - Art. 33 Family protection - Citizens’ rights - Art. 45 Freedom of movement - Freedom of residence

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