Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/12/2014

Subject: The Court affirmed that where a Union citizen has created or strengthened a family life with a third country national during genuine residence in a Member State other than that of which he is a national, the provisions of directive 2004/38/EC apply by analogy where that Union citizen returns, with the family member in question, to his Member State of origin. Therefore, the conditions for granting a derived right of residence to a third country national who is a family member of that Union citizen, in the latter’s Member State of origin, should not, in principle, be more strict than those provided for by that directive for the grant of a derived right of residence to a third country national who is a family member of a Union citizen who has exercised his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national.

Parties: O.

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

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