# C_2013026EN.01001901.xml

| 26.1.2013 | EN | Official Journal of the European Union | C 26/19 |
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26.1.2013

EN

Official Journal of the European Union

C 26/19

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Reference for a preliminary ruling from the Raad van State (Netherlands), lodged on 10 October 2012 — Minister voor Immigratie, Integratie en Asiel and O; other party: B

(Case C-456/12)

2013/C 26/33

Language of the case: Dutch

Referring court

Referring court

Raad van State

Parties to the main proceedings

Parties to the main proceedings

Appellants: Minister voor Immigratie, Integratie en Asiel and O

Appellants:

Other party: B

Other party:

Questions referred

Questions referred

[...]

| 1. | Should Directive 2004/38/EC (1) of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, as regards the conditions governing the right of residence of members of the family of a Union citizen who have third-country nationality, be applied by analogy, as in the judgments of the Court of Justice of the European Communities in Case C-370/90 Surinder Singh
   (2) and in Case C-291/05 Eind, (3) where a Union citizen returns to the Member State of which he is a national after having resided in another Member State in the context of Article 21(1) of the Treaty on the Functioning of the European Union, and as the recipient of services within the meaning of Article 56 of that Treaty? |
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1.

Should Directive 2004/38/EC (1) of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, as regards the conditions governing the right of residence of members of the family of a Union citizen who have third-country nationality, be applied by analogy, as in the judgments of the Court of Justice of the European Communities in Case C-370/90 Surinder Singh
   (2) and in Case C-291/05 Eind, (3) where a Union citizen returns to the Member State of which he is a national after having resided in another Member State in the context of Article 21(1) of the Treaty on the Functioning of the European Union, and as the recipient of services within the meaning of Article 56 of that Treaty?

1

Surinder Singh

2

Eind

3

| 2. | If so, is there a requirement that the residence of the Union citizen in another Member State must have been of a certain minimum duration if, after the return of the Union citizen to the Member State of which he is a national, the member of his family who is a third-country national wishes to gain a right of residence in that Member State? |
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2.

If so, is there a requirement that the residence of the Union citizen in another Member State must have been of a certain minimum duration if, after the return of the Union citizen to the Member State of which he is a national, the member of his family who is a third-country national wishes to gain a right of residence in that Member State?

| 3. | If so, can that requirement then also be met if there was no question of continuous residence, but rather of a certain frequency of residence, such as during weekly residence at weekends or during regular visits?
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3.

If so, can that requirement then also be met if there was no question of continuous residence, but rather of a certain frequency of residence, such as during weekly residence at weekends or during regular visits?

[...]

| 4. | As a result of the time which elapsed between the return of the Union citizen to the Member State of which he is a national and the arrival of the family member from a third country in that Member State, in circumstances such as those of the present case, has there been a lapse of possible entitlement of the family member with third-country nationality to a right of residence derived from Union law? |
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4.

As a result of the time which elapsed between the return of the Union citizen to the Member State of which he is a national and the arrival of the family member from a third country in that Member State, in circumstances such as those of the present case, has there been a lapse of possible entitlement of the family member with third-country nationality to a right of residence derived from Union law?

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(1)  OJ 2004 L 158, p. 77.

1

(2)  Judgment of 7 July 1992, [1992] ECR I-4265.

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(3)  Judgment of 11 December 2007, [2007] ECR I-10719.

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