Opinion of the Advocate General — ECLI:EU:C:2006:258
Date: 2006-04-27
Language of the case: Swedish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary of the Judgment 1. Freedom of movement for persons – Right of entry and residence of nationals of Member States – Right of residence of nationals of non-member countries who are family members of Community nationals (Council Directive 73/148) 2. Freedom of movement for persons – Right of entry and residence of nationals of Member States – Right of residence of nationals of non-member countries who are family members of Community nationals (Art. 43 EC; Council Directive 73/148, Art. 1(1)(d) and (6)(b)) 1. Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Community national who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State. (see para. 33, operative part 1) 2. Article 1(1)(d) of Directive 73/148 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services is to be interpreted to the effect that ‘dependent on them’ means that members of the family of a Community national established in another Member State within the meaning of Article 43 EC need the material support of that Community national or his or her spouse in order to meet their essential needs in the State of origin of those family members or the State from which they have come at the time when they apply to join that Community national. Article 6(b) of that directive must be interpreted as meaning that proof of the need for material support may be adduced by any appropriate means, while a mere undertaking from the Community national or his or her spouse to support the family members concerned need not be regarded as establishing the existence of the family members’ situation of real dependence. (see para. 43, operative part 2)