Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/30/2016

Subject: The Court affirmed that a third-country national, who is divorced from a Union citizen at whose hands she has been the victim of domestic violence during the marriage, cannot rely on the retention of her right of residence in the host Member State, on the basis of that provision, where the commencement of divorce proceedings post-dates the departure of the Union citizen spouse from that Member State. Moreover, the Court affirmed that a child and a parent who is a third-country national and who has sole custody of that child qualify for a right of residence in the host Member State, in a situation where the other parent is a Union citizen and worked in that Member State, but ceased to reside there before the child began to attend school in that Member State. Finally, the Court affirmed that article 20 TFEU does not confer a right of residence in the host Member State either on a minor Union citizen, who has resided since birth in that Member State but is not a national of that State, or on a parent who is a third-county national and who has sole custody of that minor, where they qualify for a right of residence in that Member State under a provision of secondary EU law. However, according to the Court, Article 21 TFEU confers on that minor Union citizen a right of residence in the host Member State, provided that that citizen satisfies the conditions set out in Article 7(1) of Directive 2004/38. If so, that same provision allows the parent who is the primary carer of that Union citizen to reside with that citizen in the host Member State

Parties: NA

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

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