Case C-165/14: Judgment of the Court (Grand Chamber) of 13 September 2016 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Alfredo Rendón Marín v Administración del Estado (Reference for a preliminary ruling — Citizenship of the Union — Articles 20 and 21 TFEU — Directive 2004/38/EC — Right of a third-country national with a criminal record to reside in a Member State — Parent having sole care of two minor children, who are Union citizens — First child possessing the nationality of the Member State of residence — Second child possessing the nationality of another Member State — National legislation precluding grant of a residence permit to the father because of his criminal record — Refusal of residence capable of resulting in the children being obliged to leave the territory of the European Union)
Date: 2016-09-13
Institutions: Court of Justice
Subjects: EU Member State, European citizenship, child, criminal record, dependant, family relationship, foreign national, national law, nationality, residence permit








C_2016419EN.01000201.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/2





Judgment of the Court (Grand Chamber) of 13 September 2016 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Alfredo Rendón Marín v Administración del Estado
(Case C-165/14) (1)

((Reference for a preliminary ruling - Citizenship of the Union - Articles 20 and 21 TFEU - Directive 2004/38/EC - Right of a third-country national with a criminal record to reside in a Member State - Parent having sole care of two minor children, who are Union citizens - First child possessing the nationality of the Member State of residence - Second child possessing the nationality of another Member State - National legislation precluding grant of a residence permit to the father because of his criminal record - Refusal of residence capable of resulting in the children being obliged to leave the territory of the European Union))
(2016/C 419/02)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Appellant: Alfredo Rendón Marín

Respondent: Administración del Estado

Operative part of the judgment

Article 21 TFEU and 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 must be interpreted as precluding national legislation which requires a third-country national to be automatically refused the grant of a residence permit on the sole ground that he has a criminal record where he is the parent of a minor child who is a Union citizen and a national of a Member State other than the host Member State and who is his dependant and resides with him in the host Member State.
Article 20 TFEU must be interpreted as precluding the same national legislation which requires a third-country national who is a parent of minor children who are Union citizens in his sole care to be automatically refused the grant of a residence permit on the sole ground that he has a criminal record, where that refusal has the consequence of requiring those children to leave the territory of the European Union.


(1)  OJ C 175, 10.6.2014.