Case C-40/11: Judgment of the Court (Third Chamber) of 8 November 2012 (reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg — Germany) — Yoshikazu Iida v Stadt Ulm (Articles 20 TFEU and 21 TFEU — Charter of Fundamental Rights of the European Union — Article 51 — Directive 2003/109/EC — Third-country nationals — Right of residence in a Member State — Directive 2004/38/EC — Third-country nationals who are family members of Union citizens — Third-country national neither accompanying nor joining a Union citizen in the host Member State and remaining in the citizen’s Member State of origin — Right of residence of a third-country national in the Member State of origin of a citizen residing in another Member State — Citizenship of the Union — Fundamental rights)
Date: 2012-11-08
Institutions: Court of Justice
Subjects: European citizenship, family migration, free movement of persons, fundamental rights, interpretation of the law, residence permit








C_2013009EN.01001001.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/10





Judgment of the Court (Third Chamber) of 8 November 2012 (reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg — Germany) — Yoshikazu Iida v Stadt Ulm
(Case C-40/11) (1)

(Articles 20 TFEU and 21 TFEU - Charter of Fundamental Rights of the European Union - Article 51 - Directive 2003/109/EC - Third-country nationals - Right of residence in a Member State - Directive 2004/38/EC - Third-country nationals who are family members of Union citizens - Third-country national neither accompanying nor joining a Union citizen in the host Member State and remaining in the citizen’s Member State of origin - Right of residence of a third-country national in the Member State of origin of a citizen residing in another Member State - Citizenship of the Union - Fundamental rights)
2013/C 9/14
Language of the case: German

Referring court

Verwaltungsgerichtshof Baden-Württemberg

Parties to the main proceedings


Applicant: Yoshikazu Iida

Defendant: Stadt Ulm

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof Baden-Württemberg — Interpretation, in the light of Articles 7 and 24 of the Charter of Fundamental Rights of the European Union and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, of Article 21(1) TFEU and Articles 2(2)(d), 3(1), 7(2) and 10(1) 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) — Interpretation of Article 6(1) and (3) TEU, and Article 24(3), Article 45(1) and the first sentence of Article 51(1) of the Charter of Fundamental Rights of the European Union — National of a Member State (a minor), who has moved her principal place of residence together with her mother to another Member State — Right to reside, in the Member State of origin of the child, of the father, a third-country national with custody rights — Scope of the Charter of Fundamental Rights of the European Union — Concept of ‘implementation of Union law’

Operative part of the judgment

Outside the situations governed by 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 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 and where there is no other connection with the provisions on citizenship of European Union law, a third-country national cannot claim a right of residence derived from a Union citizen.


(1)  OJ C 145, 14.5.2011.