Case C-525/23, Oti: Judgment of the Court (Fifth Chamber) of 13 November 2025 (request for a preliminary ruling from the Fővárosi Törvényszék – Hungary) – OS v Országos Idegenrendészeti Főigazgatóság (Reference for a preliminary ruling – Immigration policy – Directive (EU) 2016/801 – Conditions of entry and residence of third-country nationals for the purpose of voluntary service – Refusal to renew a residence permit – Article 7(1)(e) – Sufficient resources – Supplementary conditions arising from the case-law of a national supreme court – Evidence – Principle of the primacy of EU law)
Date: 2025-11-13
Institutions: Court of Justice
Subjects: admission of aliens, case-law, foreign national, higher court, income, primacy of EU law, residence permit, voluntary work








C_202600134EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/134


12.1.2026






Judgment of the Court (Fifth Chamber) of 13 November 2025 (request for a preliminary ruling from the Fővárosi Törvényszék – Hungary) – OS v Országos Idegenrendészeti Főigazgatóság


(Case C-525/23,
                (1)
Oti
                (2)
)

(Reference for a preliminary ruling - Immigration policy - Directive (EU) 2016/801 - Conditions of entry and residence of third-country nationals for the purpose of voluntary service - Refusal to renew a residence permit - Article 7(1)(e) - Sufficient resources - Supplementary conditions arising from the case-law of a national supreme court - Evidence - Principle of the primacy of EU law)
(C/2026/134)
Language of the case: Hungarian

Referring court

Fővárosi Törvényszék

Parties to the main proceedings


Applicant: OS

Defendant: Országos Idegenrendészeti Főigazgatóság

Operative part of the judgment

Article 7(1)(e) Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing, and the principle of the primacy of EU law,
must be interpreted as meaning that,






—


first, Article 7(1)(e) of that directive precludes a national practice which, in the case of a third-country national applying for a residence permit for the purpose of voluntary service, requires, in order that the sufficient resources condition laid down in that provision be considered to be satisfied, that, provided that the statements relating thereto are consistent, that national establish that certain specific criteria relating to the identification of those resources as constituting income or an asset, the legal basis on which he or she has acquired those resources, and the fact that he or she will have them on a permanent and unrestricted basis as if they were his or her own, are satisfied, and;










—


second, in the light of the principle of the primacy of EU law, that is also the case where those requirements arise from the case-law of a supreme national court whose decisions constitute a binding precedent.






(1)  OJ C, C/2023/955.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.


ELI: http://data.europa.eu/eli/C/2026/134/oj
ISSN 1977-091X (electronic edition)