Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/27/2018

Subject: According to the Court, the decision on the application for a residence card of a family member of a Union citizen must be adopted and notified within the period of six months laid down in that provision. Directive 2004/38 precludes national legislation which requires competent national authorities to issue automatically a residence card of a family member of a European Union citizen to the person concerned, where the period of six months is exceeded, without finding, beforehand, that the person concerned actually meets the conditions for residing in the host Member State in accordance with EU law. Finally the Court affirmed that EU law precludes national case-law under which, following the judicial annulment of a decision refusing to issue a residence card of a family member of a Union citizen, the competent national authority automatically regains the full period of six months referred to in Article 10(1) of Directive 2004/38

Parties: Diallo

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

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