Month: March 2014

S v Minister voor Immigratie, Integratie en Asiel;  Minister voor Immigratie, Integratie en Asiel v G: (Case C-457/12);   [2014] WLR (D)  121

‘A member state was entitled, pursuant to Parliament and Council Directive 2004/38/EC, to refuse to grant a right of residence to a third country national who was a family member of a Union citizen where that citizen was a national of and resided in that member state but regularly travelled to another member state in the course of his professional activities. However, article 45FEU of the FEU Treaty conferred on a third country national who was the family member of a Union citizen a derived right of residence in the member state of which that citizen was a national, where the citizen resided in that member state but regularly travelled to another member state as a worker within the meaning of that provision, if the refusal to grant such a right of residence discouraged the worker from effectively exercising his rights under article 45FEU, which was for the referring court to determine.’

WLR Daiily, 12th March 2014

Source: www.iclr.co.uk

O v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v B: (Case C-456/1;   [2014] WLR (D)  120

‘Article 21(1)FEU of the FEU Treaty meant that where a Union citizen had created or strengthened a family life with a third country national during genuine residence, pursuant to and in conformity with the conditions set out in articles 7(1) and (2) and article 16(1) and (2) of Parliament and Council Directive 2004/38/EC in a member state other than that of which he was a national, the provisions of the Directive applied by analogy where that Union citizen returned, with the family member in question, to his member state of origin.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk