# C_2005296EN.01001002.xml

| 26.11.2005 | EN | Official Journal of the European Union | C 296/10 |
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26.11.2005

EN

Official Journal of the European Union

C 296/10

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Reference for a preliminary ruling from the Raad van State by order of that court of 13 July 2005 in the proceedings between Minister voor Vreemdelingenzaken en Integratie and R.N.G. Eind

(Case C-291/05)

(2005/C 296/20)

Language of the case: Dutch

Reference has been made to the Court of Justice of the European Communities by order of the Raad van State (Council of State) of 13 July 2005, received at the Court Registry on 20 July 2005, for a preliminary ruling in the proceedings between Minister voor Vreemdelingenzaken en Integratie (Minister for Alien Affairs and Integration) and R.N.G. Eind on the following questions:

| Ia. | If a national of a non-member country is regarded by a host Member State as a family member of a worker within the terms of Article 10 of Regulation (EEC) No 1612/68 (1) of the Council of 15 October 1968 on freedom of movement for workers within the Community, and if the validity of the residence permit granted by that Member State has not yet lapsed, does this mean that the Member State of which the worker is a national may not, for that very reason, deny the national of the non-member country the right of entry and residence on the return of the worker? |
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Ia.

If a national of a non-member country is regarded by a host Member State as a family member of a worker within the terms of Article 10 of Regulation (EEC) No 1612/68 (1) of the Council of 15 October 1968 on freedom of movement for workers within the Community, and if the validity of the residence permit granted by that Member State has not yet lapsed, does this mean that the Member State of which the worker is a national may not, for that very reason, deny the national of the non-member country the right of entry and residence on the return of the worker?

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| Ib. | If the previous question has to be answered in the negative, is the Member State itself permitted to determine whether the national of the non-member country satisfies the conditions for entry and residence based on national law on his or her entry, or should that Member State first determine whether the national of the non-member country may still derive rights from Community law as a family member of the worker? |
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Ib.

If the previous question has to be answered in the negative, is the Member State itself permitted to determine whether the national of the non-member country satisfies the conditions for entry and residence based on national law on his or her entry, or should that Member State first determine whether the national of the non-member country may still derive rights from Community law as a family member of the worker?

| II. | Does it make any difference to the answers to the questions under Ia and Ib if, prior to his or her stay in the host Member State, the national of the non-member country has had no right of residence based on national law in the Member State of which the worker is a national? |
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II.

Does it make any difference to the answers to the questions under Ia and Ib if, prior to his or her stay in the host Member State, the national of the non-member country has had no right of residence based on national law in the Member State of which the worker is a national?

| IIIa. | If the Member State of which a worker (the reference person) is a national is permitted, on the worker's return, itself to determine whether the conditions laid down in Community law for the issue of a residence permit as a family member are still fulfilled, does a national of a non-member country who is a family member of the reference person, who returns from the host Member State to the Member State of which he is a national in order to seek employment there, have a right of residence in the latter Member State and, if so, for how long? |
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IIIa.

If the Member State of which a worker (the reference person) is a national is permitted, on the worker's return, itself to determine whether the conditions laid down in Community law for the issue of a residence permit as a family member are still fulfilled, does a national of a non-member country who is a family member of the reference person, who returns from the host Member State to the Member State of which he is a national in order to seek employment there, have a right of residence in the latter Member State and, if so, for how long?

| IIIb. | Does that right also exist if the reference person does not perform any genuine and actual work in the latter Member State and cannot, or can no longer, be regarded as seeking employment, in the context of Council Directive 90/364/EEC (2) of 28 June 1990 on the right of residence, given inter alia that the reference person is in receipt of a welfare benefit by virtue of his Netherlands nationality? |
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IIIb.

Does that right also exist if the reference person does not perform any genuine and actual work in the latter Member State and cannot, or can no longer, be regarded as seeking employment, in the context of Council Directive 90/364/EEC (2) of 28 June 1990 on the right of residence, given inter alia that the reference person is in receipt of a welfare benefit by virtue of his Netherlands nationality?

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inter alia

| IV. | What significance for the answers to the previous questions is to be attached to the fact that the national of the non-member country is a family member of a citizen of the Union who has exercised the right he enjoys under Article 18 of the Treaty establishing the European Community and has returned to the Member State of which he is a national? |
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IV.

What significance for the answers to the previous questions is to be attached to the fact that the national of the non-member country is a family member of a citizen of the Union who has exercised the right he enjoys under Article 18 of the Treaty establishing the European Community and has returned to the Member State of which he is a national?

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(1)  OJ, English Special Edition 1968(II), p. 475.

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(2)  OJ 1990 L 180, p. 26.

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