CELEX: E2011J0004
Language: en
Date: 2011-07-26 00:00:00
Title: Judgment of the Court of 26 July 2011 in Case E-4/11 — Arnulf Clauder (Directive 2004/38/EC — Family reunification — Right of residence for family members of EEA nationals holding a right of permanent residence — Condition to have sufficient resources)

24.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 344/9
            
         JUDGMENT OF THE COURT
   of 26 July 2011
   in Case E-4/11
   Arnulf Clauder
   (Directive 2004/38/EC — Family reunification — Right of residence for family members of EEA nationals holding a right of permanent residence — Condition to have sufficient resources)
   2011/C 344/06
   In Case E-4/11 Arnulf Clauder — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Verwaltungsgerichtshof des Fürstentums Liechtenstein (Administrative Court of the Principality of Liechtenstein), concerning the interpretation of Article 16(1) in conjunction with Article 7(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, as adapted to the EEA Agreement by Protocol 1 thereto, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Benedikt Bogason (ad hoc), Judges, gave judgment on 26 July 2011, the operative part of which is as follows:
   Article 16(1) of Directive 2004/38/EC is to be interpreted such that an EEA national with a right of permanent residence, who is a pensioner and in receipt of social welfare benefits in the host EEA State, may claim the right to family reunification even if the family member will also be claiming social welfare benefits.