Case C-310/08: Judgment of the Court (Grand Chamber) of 23 February 2010 (reference for a preliminary ruling from the Court of Appeal of England and Wales, United Kingdom) — London Borough of Harrow v Nimco Hassan Ibrahim, Secretary of State for the Home Department (Freedom of movement for persons — Right of residence of a national of a non-member country who is the spouse of a national of a Member State, and of their children who are themselves nationals of a Member State — National of a Member State ceasing to work and leaving the host Member State — Enrolment of the children at a school — No means of subsistence — Regulation (EEC) No 1612/68 — Article 12 — Directive 2004/38)
Date: 2010-02-23
Institutions: Court of Justice
Subjects: family law, foreign national, free movement of workers, freedom of movement, interpretation of the law, judgment of the Court (EU), residence permit








C_2010100EN.01000301.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/3





Judgment of the Court (Grand Chamber) of 23 February 2010 (reference for a preliminary ruling from the Court of Appeal of England and Wales, United Kingdom) — London Borough of Harrow v Nimco Hassan Ibrahim, Secretary of State for the Home Department
(Case C-310/08) (1)

(Freedom of movement for persons - Right of residence of a national of a non-member country who is the spouse of a national of a Member State, and of their children who are themselves nationals of a Member State - National of a Member State ceasing to work and leaving the host Member State - Enrolment of the children at a school - No means of subsistence - Regulation (EEC) No 1612/68 - Article 12 - Directive 2004/38)
2010/C 100/03
Language of the case: English

Referring court

Court of Appeal of England and Wales

Parties to the main proceedings


Applicant: London Borough of Harrow

Defendants: Nimco Hassan Ibrahim, Secretary of State for the Home Department

Re:

Reference for a preliminary ruling — Court of Appeal of England and Wales — Interpretation of Directive 2004/38/EC 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 (OJ 2004 L 158, p. 77) and of Article 12 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968 (II), p 475) — Wife who is a national of a non-member country and her children, themselves nationals of a Member State, who have joined her husband, a national of that Member State, in the United Kingdom where he was employed — Right of residence of the wife and children following the husband’s loss of status as an employed person and his departure from the United Kingdom

Operative part of the judgment

In circumstances such as those of the main proceedings, the children of a national of a Member State who works or has worked in the host Member State and the parent who is their primary carer can claim a right of residence in the latter State on the sole basis of Article 12 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992, without such a right being conditional on their having sufficient resources and comprehensive sickness insurance cover in that State.


(1)  OJ C 247, 27.9.2008.