Case C-397/23, Jobcenter Arbeitplus Bielefeld: Judgment of the Court (Fifth Chamber) of 1 August 2025 (request for a preliminary ruling from the Sozialgericht Detmold – Germany) – FL v Jobcenter Arbeitplus Bielefeld (Reference for a preliminary ruling – Citizenship of the Union – Free movement of persons – Article 18 TFEU – Prohibition of discrimination based on nationality – Directive 2004/38/EC – Article 24 – Principle of equal treatment – Minor child who is a Union citizen with a right of residence under that directive – Grant of a national residence permit to the parent of that child so that the parent can exercise parental authority over that child – Distinction based on the nationality of the child – Parent with a right of residence as a job-seeker – Derogation from the principle of equal treatment as regards entitlement to social assistance – Scope)
Date: 2025-08-01
Institutions: Court of Justice
Subjects: EU national, child, custody, discrimination on the basis of nationality, equal treatment, foreign national, nationality, residence permit








C_202505059EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5059


29.9.2025






Judgment of the Court (Fifth Chamber) of 1 August 2025 (request for a preliminary ruling from the Sozialgericht Detmold – Germany) – FL v Jobcenter Arbeitplus Bielefeld


(Case C-397/23,
                (1)
Jobcenter Arbeitplus Bielefeld)

(Reference for a preliminary ruling - Citizenship of the Union - Free movement of persons - Article 18 TFEU - Prohibition of discrimination based on nationality - Directive 2004/38/EC - Article 24 - Principle of equal treatment - Minor child who is a Union citizen with a right of residence under that directive - Grant of a national residence permit to the parent of that child so that the parent can exercise parental authority over that child - Distinction based on the nationality of the child - Parent with a right of residence as a job-seeker - Derogation from the principle of equal treatment as regards entitlement to social assistance - Scope)
(C/2025/5059)
Language of the case: German

Referring court

Sozialgericht Detmold

Parties to the main proceedings


Applicant: FL

Defendant: Jobcenter Arbeitplus Bielefeld

Joined party: Stadt Bielefeld

Operative part of the judgment

Article 24 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 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 legislation of a Member State under which a residence permit, provided for by national law for the purposes of allowing the exercise of parental authority, cannot be issued to a Union citizen who has parental responsibility for his or her minor child, solely on the ground that that minor child, although also a Union citizen and residing on the territory of that Member State under that directive, does not hold the nationality of that Member State.


(1)  OJ C, C/2023/9.


ELI: http://data.europa.eu/eli/C/2025/5059/oj
ISSN 1977-091X (electronic edition)