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European Observer on fundamental right's respect

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Case Law C-836/18 (27/02/2020)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/27/2020

Subject: According to the Court, Article 20 TFEU precludes a Member State from rejecting an application for family reunification submitted by the spouse, who is a third-country national, of a Union citizen who holds the nationality of that Member State and who has never exercised the freedom of movement, on the sole ground that that Union citizen does not have, for him or herself and his or her spouse, sufficient resources not to become a burden on the national social assistance system, without it having been examined whether there is a relationship of dependency between that Union citizen and his or her spouse of such a kind that, if the latter were refused a derived right of residence, that Union citizen would be obliged to leave the territory of the European Union as a whole and would thus be deprived of the effective enjoyment of the substance of the rights conferred by his or her status. Moreover the Court affirmed that a relationship of dependency, such as to justify the grant of a derived right of residence under article 20 TFEU, does not exist on the sole ground that the national of a Member State, who is of full age and has never exercised the freedom of movement, and his or her spouse, who is of full age and a third-country national, are required to live together, by virtue of the obligations arising out of the marriage under the law of the Member State of which the Union citizen is a national

Parties: Subdelegación del Gobierno en Ciudad Real

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

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