CELEX: 62018CA0093
Language: en
Date: 2019-10-02 00:00:00
Title: Case C-93/18: Judgment of the Court (First Chamber) of 2 October 2019 (request for a preliminary ruling from the Court of Appeal in Northern Ireland — United Kingdom) — Ermira Bajratari v Secretary of State for the Home Department (Reference for a preliminary ruling — Citizenship of the Union — Directive 2004/38/EC — Right of residence of a third-country national who is a direct relative in the ascending line of Union citizen minors — Article 7(1)(b) — Condition of sufficient resources — Resources formed by income from employment occupied without a residence card and work permit)

9.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 413/7
            
         
      Judgment of the Court (First Chamber) of 2 October 2019 (request for a preliminary ruling from the Court of Appeal in Northern Ireland — United Kingdom) — Ermira Bajratari v Secretary of State for the Home Department
      (Case C-93/18) (1)
      
      (Reference for a preliminary ruling - Citizenship of the Union - Directive 2004/38/EC - Right of residence of a third-country national who is a direct relative in the ascending line of Union citizen minors - Article 7(1)(b) - Condition of sufficient resources - Resources formed by income from employment occupied without a residence card and work permit)
      (2019/C 413/08)
      Language of the case: English
      
         Referring court
      
      Court of Appeal in Northern Ireland
      
         Parties to the main proceedings
      
      
         Applicant: Ermira Bajratari
      
         Defendant: Secretary of State for the Home Department
      
         Intervener: Aire Centre
      
         Operative part of the judgment
      
      Article 7(1)(b) 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 meaning that a Union citizen minor has sufficient resources not to become an unreasonable burden on the social assistance system of the host Member State during his period of residence, despite his resources being derived from income obtained from the unlawful employment of his father, a third-country national without a residence card and work permit.
      
         (1)  OJ C 152, 30.4.2018.