Minister voor Vreemdelingenzaken en Integratie v R. N. G. Eind.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Cunha Rodrigues
• ECLI: ECLI:EU:C:2007:771
• Docket Number: C-291/05
• Date: 11 December 2007
• Procedure Type: Reference for a preliminary ruling

Case C-291/05

Minister voor Vreemdelingenzaken en Integratie

v

R.N.G. Eind

(Reference for a preliminary ruling from the Raad van State)

(Freedom of movement for persons – Workers – Right of residence for a family member who is a third-country national – Return of the worker to the Member State of which he is a national – Obligation for the worker’s Member State of origin to grant a right of residence to the family member – Whether there is such an obligation where the worker does not carry on any effective and genuine activities)

Opinion of Advocate General Mengozzi delivered on 5 July 2007

Judgment of the Court (Grand Chamber), 11 December 2007

Summary of the Judgment

1. Freedom of movement for persons – Workers – Right of residence of family members

(Council Regulation No 1612/68, Art. 10)

2. Freedom of movement for persons – Workers – Right of residence of family members – Return of the worker to his Member State of origin after being gainfully employed in another Member State

(Council Regulation No 1612/68, Art. 10(1)(a))

1. In the event of a Community worker returning to the Member State of which he is a national, Community law does not require the authorities of that State to grant a right of entry and residence to a third-country national who is a member of that worker’s family because of the mere fact that, in the host Member State where that worker was gainfully employed, that third-country national held a valid residence permit issued on the basis of Article 10 of Regulation No 1612/68 on freedom of movement for workers within the Community.

The right to family reunification under that article does not entail for members of the families of migrant workers any autonomous right to free movement, since that provision benefits the migrant worker whose family includes a national of a third country. It follows that the right of a third-country national who is a member of the family of a Community worker to install himself with that worker may be relied on only in the Member State where that worker resides.

Moreover, under Regulation No 1612/68, the effects of the residence permit issued by the authorities of a Member State to a third-country national who is a member of a Community worker’s family are confined to the territory of that Member State.

(see paras 23-26, operative part 1)

2. The right of the migrant worker to return and reside in the Member State of which he is a national, after being gainfully employed in another Member State, is conferred by Community law, to the extent necessary to ensure the useful effect of the right to free movement for workers under Article 39 EC and the provisions adopted to give effect to that right, such as those laid down in Regulation No 1612/68 on freedom of movement for workers within the Community. That interpretation is substantiated by the introduction of the status of citizen of the Union, which is intended to be the fundamental status of nationals of the Member States.

When a worker returns to that latter Member State of which he is a national, after being gainfully employed in another Member State, a third-country national who is a member of his family has a right under Article 10(1)(a) of Regulation No 1612/68, which applies by analogy, to reside in the State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities. The fact that a third-country national who is a member of a Community worker’s family did not, before residing in the Member State where the worker was employed, have a right under national law to reside in the Member State of which the worker is a national has no bearing on the determination of that national’s right to reside in the latter State.

(see paras 32, 45, operative part 2)

JUDGMENT OF THE COURT (Grand Chamber)

11 December 2007 (*)

(Freedom of movement for persons – Workers – Right of residence for a family member who is a third-country national – Return of the worker to the Member State of which he is a national – Obligation for the worker’s Member State of origin to grant a right of residence to the family member – Whether there is such an obligation where the worker does not carry on any effective and genuine activities)

In Case C‑291/05,

REFERENCE for a preliminary ruling under Article 234 EC, by the Raad van State (Netherlands), made by decision of 13 July 2005, received at the Court on 20 July 2005, in the proceedings

Minister voor Vreemdelingenzaken en Integratie

v

R.N.G. Eind,

THE COURT (Grand Chamber),

composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas, K. Lenaerts and G. Arestis, Presidents of Chambers, J.N. Cunha Rodrigues (Rapporteur), R. Silva de Lapuerta, K. Schiemann, J. Makarczyk and A. Borg Barthet, Judges,

Advocate General: P. Mengozzi,

Registrar: M. Ferreira, Principal Administrator,

having regard to the written procedure and further to the hearing on 6 September 2006,

after considering the observations submitted on behalf of:

– the Minister voor Vreemdelingenzaken en Integratie, by A. van Leeuwen, advocaat,

– R.N.G. Eind, by R. Ketwaru, advocaat,

– the Netherlands Government, by H. G. Sevenster and C. Wissels and by M. de Grave, acting as Agents,

– the Czech Government, by T. Boček, acting as Agent,

– the Danish Government, by A. Jacobsen, acting as Agent,

– the German Government, by M. Lumma and C. Schulze-Bahr, acting as Agents,

– the Greek Government, by K. Georgiadis and K. Boskovits, and by Z. Chatzipavlou, acting as Agents,

– the United Kingdom Government, by E. O’Neill, acting as Agent, assisted by S. Moore, Barrister,

– the Commission of the European Communities, by G. Rozet and M. van Beek, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 5 July 2007,

gives the following

Judgment

1 This reference for a preliminary ruling concerns the interpretation of Article 18 EC; Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968 (II), p. 475), as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992 (OJ 1992 L 245, p. 1) (‘Regulation No 1612/68’); and Council Directive 90/364/EEC of 28 June 1990 on the right of residence (OJ 1990 L 180, p. 26).

2 The reference was made in the context of proceedings between Miss Eind, a national of Surinam, and the Minister voor Vreemdelingenzaken en Integratie (Netherlands Minister responsible for immigration, nationality and integration issues) concerning a decision of the Staatssecretaris van Justitie (State Secretary for Justice) refusing to grant her a residence permit.

Legislative background

Community provisions

3 Article 10 of Regulation No 1612/68 provides:

‘1. The following shall, irrespective of their nationality, have the right to instal themselves with a worker who is a national of one Member State and who is employed in the territory of another Member State:

(a) his spouse and their descendants who are under the age of 21 years or are dependants;

…’.

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