Judgment — ECLI:EU:C:2012:538
Date: 2012-09-06
Language of the case: English
Court formation: Third Chamber
Subject matter: Citizenship of the Union;Right of establishment;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary — Judgment of the Court (Third Chamber) 6 September 2012 1. Freedom of movement for persons — Workers — Right of residence of family — Parent who is the primary carer of a child attending educational courses in the host Member State — Obligation for one of the parents to satisfy the condition of being or having been employed — No right of residence where that condition is not satisfied (Council Regulation No 1612/68, Art. 12) 2. Citizenship of the Union — Right of freedom of movement and freedom of residence on the territory of the Member States — Directive 2004/38 — Right of permanent residence of European Union citizens — Acquisition after a period of 5 years’ continuous residence in the host Member State — Meaning — Periods completed legally by a national of non-Member State prior to that State’s accession to the European Union — Included — Conditions (European Parliament and Council Directive 2004/38, Arts 7(1) and 16(1)) 1. Article 12 of Regulation No 1612/68 on freedom of movement for workers within the Community must be interpreted as conferring on the person who is the primary carer of a migrant worker’s or former migrant worker’s child who is attending educational courses in the host Member State a right of residence in that State, although that provision cannot be interpreted as conferring such a right on the person who is the primary carer of the child of a person who is self-employed. (see para. 40, operative part) 2. Article 16(1) of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States must be interpreted as meaning that a European Union citizen who is a national of a Member State which recently acceded to the European Union may, pursuant to that provision, rely on a right of permanent residence where he or she has resided in the host Member State for a continuous period of more than five years, part of which was completed before the accession of the former State to the European Union, provided that the residence was in accordance with the conditions laid down in Article 7(1) of Directive 2004/38. (see para. 40, operative part)