Judgment of the Court (sitting as a full Court) of 19 October 2004 in Case C-200/02 (reference for a preliminary ruling from the Immigration Appellate Authority): Kunqian Catherine Zhu, Man Lavette Chen v Secretary of State for the Home Department (Right of residence — Child with the nationality of one Member State but residing in another Member State — Parents nationals of a non-member country — Mother's right to reside in the other Member State)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: EU national, free movement of persons, interpretation of the law, provision of services, residence permit

4.12.2004

EN

Official Journal of the European Union

C 300/7

JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

in Case C-173/02: Kingdom of Spain v Commission of the
European Communities (1)

(Regulation (EEC) No 3950/92 — Common organisation of
the market for milk and milk products — Commission deci-
sion prohibiting aid to acquire milk quotas)

(2004/C 300/12)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-173/02: application for annulment under Article 230
EC, brought on 13 May 2002 between Kingdom of Spain
(Agent: S. Ortiz Vaamonde) and Commission of the European
Communities (Agent: J.L. Buendía Sierra) — the Court (First
Chamber), composed of: P. Jann (Rapporteur), President of the
Chamber, A. Rosas and S.von Bahr, Judges; F.G. Jacobs, Advo-
cate General; R. Grass, Registrar, has given a judgment on
14 October 2004, in which it:

1. Dismisses the application;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 169 du 13.7.2002.

JUDGMENT OF THE COURT

(sitting as a full Court)

of 19 October 2004

in Case C-200/02 (reference for a preliminary ruling from
the Immigration Appellate Authority): Kunqian Catherine
Zhu, Man Lavette Chen v Secretary of State for the Home
Department (1)

(Right of residence — Child with the nationality of one
Member State but residing in another Member State —
Parents nationals of a non-member country — Mother's right
to reside in the other Member State)

(2004/C 300/13)

(Language of the case: English)

In Case C-200/02: reference for a preliminary ruling under
Article 234 EC from the Immigration Appellate Authority
(United Kingdom), made by decision of 27 May 2002, received
at the Court on 30 May 2002,
in the proceedings between
Kunqian Catherine Zhu, Man Lavette Chen and Secretary of

Skouris,

composed of: V.

State for the Home Department — the Court (sitting as a full
Court),
Jann,
C.W.A. Timmermans, A. Rosas, R. Silva de Lapuerta and K.
Lenaerts, Presidents of Chambers, C. Gulmann, R. Schintgen,
N. Colneric, S. von Bahr and J.N. Cunha Rodrigues (Rappor-
teur), Judges; A. Tizzano, Advocate General; L. Hewlett, Prin-
cipal Administrator, for the Registrar, has given a judgment on
19 October 2004, in which it has ruled:

President,

P.

In circumstances like those of the main proceedings, Article 18 EC
and Council Directive 90/364/EEC of 28 June 1990 on the right of
residence confer on a young minor who is a national of a Member
State, is covered by appropriate sickness insurance and is in the care
of a parent who is a third-country national having sufficient resources
for that minor not to become a burden on the public finances of the
host Member State, a right to reside for an indefinite period in that
State. In such circumstances, those same provisions allow a parent
who is that minor's primary carer to reside with the child in the host
Member State.

(1) OJ C 180 du 27.7.2002.

JUDGMENT OF THE COURT

(sitting as a full Court)

of 12 October 2004

in Case C-222/02 (reference for a preliminary ruling from
the Bundesgerichtshof): Peter Paul, Cornelia Sonnen-Lütte,
Christel Mörkens v Bundesrepublik Deutschland (1)

(Credit institutions — Deposit-guarantee schemes — Direc-
tive 94/19/EC — Directives 77/780/EEC, 89/299/EEC and
89/646/EEC — Supervisory measures by the competent
authority for the purposes of protecting depositors — Liabi-
lity of the supervisory authorities for losses resulting from
defective supervision)

(2004/C 300/14)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-222/02: reference for a preliminary ruling under
Article 234 EC from the Bundesgerichtshof (Germany), made
by decision of 16 May 2002, received at the Court on 17 June
2002, in the proceedings between Peter Paul, Cornelia Sonnen-
Lütte, Christel Mörkens and Bundesrepublik Deutschland — the
Court (sitting as a full Court), composed of: V. Skouris, Presi-
Jann, C.W.A. Timmermans, A. Rosas, Presidents of
dent, P.
Chambers, C. Gulmann (Rapporteur),
J.-P. Puissochet, R.
Schintgen, F. Macken, N. Colneric, S. von Bahr and J.N. Cunha
Rodrigues,
Judges; C. Stix-Hackl, Advocate General; M.-F.
Contet, Principal Administrator, for the Registrar, has given a
judgment on 12 October 2004, in which it has ruled: