{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-147-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-147-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-25","fingerprint":"ewai:eu:c82ec6","proof":"sha256:cb05c417dc107297f458b4b8072a86f77586778d538c7b1989b4ffdf38f2500b","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-147-24","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"62024CJ0147","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Grand Chamber)","paragraphs":[]},{"title":"4 June 2026 (\n *1\n )","paragraphs":["para_4"]},{"title":"In Case C‑147/24 [Safi], (\n i\n )","paragraphs":["para_6"]},{"title":"V","paragraphs":["para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24","para_25"]},{"title":"Judgment","paragraphs":[]},{"title":"1","paragraphs":["para_28"]},{"title":"2","paragraphs":["para_30"]},{"title":"Legal context","paragraphs":[]},{"title":"European Union law","paragraphs":[]},{"title":"The FEU Treaty","paragraphs":[]},{"title":"3","paragraphs":[]},{"title":"Article 20 TFEU provides:","paragraphs":["para_36","para_37"]},{"title":"(a)","paragraphs":["para_39","para_40","para_41"]},{"title":"The Charter","paragraphs":[]},{"title":"4","paragraphs":["para_44","para_45"]},{"title":"5","paragraphs":["para_47","para_48","para_49"]},{"title":"Directive 2004/38/EC","paragraphs":[]},{"title":"6","paragraphs":["para_52","para_53"]},{"title":"(a)","paragraphs":["para_55"]},{"title":"(b)","paragraphs":["para_57"]},{"title":"(c)","paragraphs":["para_59","para_60","para_61","para_62"]},{"title":"(d)","paragraphs":["para_64"]},{"title":"Directive 2008/115","paragraphs":[]},{"title":"7","paragraphs":["para_67","para_68"]},{"title":"(a)","paragraphs":["para_70"]},{"title":"(b)","paragraphs":["para_72","para_73"]},{"title":"8","paragraphs":["para_75","para_76","para_77"]},{"title":"Netherlands law","paragraphs":[]},{"title":"9","paragraphs":["para_80","para_81","para_82","para_83","para_84"]},{"title":"10","paragraphs":["para_86","para_87","para_88","para_89","para_90","para_91","para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101","para_102"]},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":[]},{"title":"11","paragraphs":["para_105"]},{"title":"12","paragraphs":["para_107"]},{"title":"13","paragraphs":["para_109"]},{"title":"14","paragraphs":["para_111"]},{"title":"15","paragraphs":["para_113"]},{"title":"16","paragraphs":["para_115"]},{"title":"17","paragraphs":["para_117"]},{"title":"18","paragraphs":["para_119"]},{"title":"19","paragraphs":["para_121"]},{"title":"20","paragraphs":["para_123"]},{"title":"21","paragraphs":["para_125"]},{"title":"22","paragraphs":["para_127"]},{"title":"23","paragraphs":["para_129","para_130","para_131","para_132"]},{"title":"(2)","paragraphs":["para_134"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"24","paragraphs":["para_137"]},{"title":"25","paragraphs":["para_139"]},{"title":"26","paragraphs":["para_141"]},{"title":"27","paragraphs":["para_143"]},{"title":"28","paragraphs":["para_145"]},{"title":"29","paragraphs":["para_147"]},{"title":"30","paragraphs":["para_149"]},{"title":"31","paragraphs":["para_151"]},{"title":"32","paragraphs":["para_153"]},{"title":"33","paragraphs":["para_155"]},{"title":"34","paragraphs":["para_157"]},{"title":"35","paragraphs":["para_159"]},{"title":"36","paragraphs":["para_161"]},{"title":"37","paragraphs":["para_163"]},{"title":"38","paragraphs":["para_165"]},{"title":"39","paragraphs":["para_167"]},{"title":"40","paragraphs":["para_169","para_170"]},{"title":"41","paragraphs":["para_172"]},{"title":"42","paragraphs":["para_174"]},{"title":"43","paragraphs":["para_176"]},{"title":"44","paragraphs":["para_178"]},{"title":"45","paragraphs":["para_180"]},{"title":"46","paragraphs":["para_182"]},{"title":"47","paragraphs":["para_184"]},{"title":"48","paragraphs":["para_186"]},{"title":"49","paragraphs":["para_188","para_189"]},{"title":"50","paragraphs":["para_191"]},{"title":"51","paragraphs":["para_193"]},{"title":"52","paragraphs":["para_195"]},{"title":"53","paragraphs":["para_197"]},{"title":"54","paragraphs":["para_199"]},{"title":"55","paragraphs":["para_201"]},{"title":"56","paragraphs":["para_203"]},{"title":"57","paragraphs":["para_205"]},{"title":"58","paragraphs":["para_207"]},{"title":"59","paragraphs":["para_209"]},{"title":"60","paragraphs":["para_211"]},{"title":"61","paragraphs":["para_213"]},{"title":"62","paragraphs":["para_215"]},{"title":"63","paragraphs":["para_217"]},{"title":"64","paragraphs":["para_219"]},{"title":"65","paragraphs":["para_221","para_222","para_223","para_224","para_225"]},{"title":"Costs","paragraphs":[]},{"title":"66","paragraphs":["para_228"]},{"title":"On those grounds, the Court (Grand Chamber) hereby rules:","paragraphs":["para_230","para_231","para_232","para_233","para_234","para_235","para_236","para_237","para_238"]}],"paragraphs":[{"text":"62024CJ0147","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Grand Chamber)","paragraph_id":"para_2"},{"text":"4 June 2026 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Reference for a preliminary ruling – Article 20 TFEU – Citizenship of the Union – Directive 2008/115/EC – Return of illegally staying third-country nationals – Article 5(a) and (b) – Obligation to take account of the best interests of the child and of family life – Article 6(2) – Decision of the co …","paragraph_id":"para_4"},{"text":"In Case C‑147/24 [Safi], (\n i\n )","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the rechtbank Den Haag (District Court, The Hague, Netherlands), made by decision of 26 February 2024, received at the Court on 26 February 2024, in the proceedings","paragraph_id":"para_6"},{"text":"V","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"Staatssecretaris van Justitie en Veiligheid,","paragraph_id":"para_9"},{"text":"THE COURT (Grand Chamber),","paragraph_id":"para_10"},{"text":"composed of K. Lenaerts, President, T. von Danwitz, Vice-President, K. Jürimäe, C. Lycourgos, I. Jarukaitis, I. Ziemele, J. Passer, O. Spineanu-Matei and F. Schalin, Presidents of Chambers, E. Regan (Rapporteur), N. Piçarra, A. Kumin, N. Jääskinen, B. Smulders and S. Gervasoni, Judges,","paragraph_id":"para_11"},{"text":"Advocate General: T. Ćapeta,","paragraph_id":"para_12"},{"text":"Registrar: A. Lamote, Administrator,","paragraph_id":"para_13"},{"text":"having regard to the written procedure and further to the hearing on 25 March 2025,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–","paragraph_id":"para_16"},{"text":"V, by P. Krämer-Ograjensek and A.C.M. Nederveen, advocaten,","paragraph_id":"para_17"},{"text":"–","paragraph_id":"para_18"},{"text":"the Netherlands Government, by M.K. Bulterman and J.M. Hoogveld, acting as Agents,","paragraph_id":"para_19"},{"text":"–","paragraph_id":"para_20"},{"text":"the Danish Government, by M.P. Brøchner Jespersen, D. Elkan, C.A.-S. Maertens and J. Sandvik Loft, acting as Agents,","paragraph_id":"para_21"},{"text":"–","paragraph_id":"para_22"},{"text":"the European Commission, by N. Cambien, A. Katsimerou and E. Montaguti, acting as Agents,","paragraph_id":"para_23"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 4 September 2025,","paragraph_id":"para_24"},{"text":"gives the following","paragraph_id":"para_25"},{"text":"Judgment","paragraph_id":"para_26"},{"text":"1","paragraph_id":"para_27"},{"text":"This request for a preliminary ruling concerns the interpretation of Article 20 TFEU and Article 5(a) and (b) and Article 6(2) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals ( OJ 2008 L 348, p. 98 ).","paragraph_id":"para_28"},{"text":"2","paragraph_id":"para_29"},{"text":"The request has been made in proceedings between V, a third-country national, and the Staatssecretaris van Justitie en Veiligheid (State Secretary for Justice and Security, Netherlands) (‘the State Secretary’) concerning the latter’s refusal to grant V a derived right of residence in the Netherlands, where she lives with her minor child who has the nationality of that Member State.","paragraph_id":"para_30"},{"text":"Legal context","paragraph_id":"para_31"},{"text":"European Union law","paragraph_id":"para_32"},{"text":"The FEU Treaty","paragraph_id":"para_33"},{"text":"3","paragraph_id":"para_34"},{"text":"Article 20 TFEU provides:","paragraph_id":"para_35"},{"text":"‘1.   Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.","paragraph_id":"para_36"},{"text":"2.   Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia:","paragraph_id":"para_37"},{"text":"(a)","paragraph_id":"para_38"},{"text":"the right to move and reside freely within the territory of the Member States;","paragraph_id":"para_39"},{"text":"…","paragraph_id":"para_40"},{"text":"These rights shall be exercised in accordance with the conditions and limits defined by the Treaties and by the measures adopted thereunder.’","paragraph_id":"para_41"},{"text":"The Charter","paragraph_id":"para_42"},{"text":"4","paragraph_id":"para_43"},{"text":"Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’), entitled ‘Respect for private and family life’, is worded as follows:","paragraph_id":"para_44"},{"text":"‘Everyone has the right to respect for his or her private and family life, home and communications.’","paragraph_id":"para_45"},{"text":"5","paragraph_id":"para_46"},{"text":"Article 24 of the Charter, entitled ‘The rights of the child’, provides, in paragraphs 2 and 3 thereof:","paragraph_id":"para_47"},{"text":"‘2.   In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration.","paragraph_id":"para_48"},{"text":"3.   Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.’","paragraph_id":"para_49"},{"text":"Directive 2004/38/EC","paragraph_id":"para_50"},{"text":"6","paragraph_id":"para_51"},{"text":"Article 7 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 …","paragraph_id":"para_52"},{"text":"‘All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:","paragraph_id":"para_53"},{"text":"(a)","paragraph_id":"para_54"},{"text":"are workers or self-employed persons in the host Member State; or","paragraph_id":"para_55"},{"text":"(b)","paragraph_id":"para_56"},{"text":"have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State; or","paragraph_id":"para_57"},{"text":"(c)","paragraph_id":"para_58"},{"text":"–","paragraph_id":"para_59"},{"text":"are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training; and","paragraph_id":"para_60"},{"text":"–","paragraph_id":"para_61"},{"text":"have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority, by means of a declaration or by such equivalent means as they may choose, that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence; or","paragraph_id":"para_62"},{"text":"(d)","paragraph_id":"para_63"},{"text":"are family members accompanying or joining a Union citizen who satisfies the conditions referred to in points (a), (b) or (c).’","paragraph_id":"para_64"},{"text":"Directive 2008/115","paragraph_id":"para_65"},{"text":"7","paragraph_id":"para_66"},{"text":"Article 5 of Directive 2008/115, entitled ‘Non-refoulement, best interests of the child, family life and state of health’, provides:","paragraph_id":"para_67"},{"text":"‘When implementing this Directive, Member States shall take due account of:","paragraph_id":"para_68"},{"text":"(a)","paragraph_id":"para_69"},{"text":"the best interests of the child;","paragraph_id":"para_70"},{"text":"(b)","paragraph_id":"para_71"},{"text":"family life;","paragraph_id":"para_72"},{"text":"…’","paragraph_id":"para_73"},{"text":"8","paragraph_id":"para_74"},{"text":"Article 6 of that directive, entitled ‘Return decision’, is worded as follows in paragraphs 1 and 2 thereof:","paragraph_id":"para_75"},{"text":"‘1.   Member States shall issue a return decision to any third-country national staying illegally on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5.","paragraph_id":"para_76"},{"text":"2.   Third-country nationals staying illegally on the territory of a Member State and holding a valid residence permit or other authorisation offering a right to stay issued by another Member State shall be required to go to the territory of that other Member State immediately. In the event of non-c …","paragraph_id":"para_77"},{"text":"Netherlands law","paragraph_id":"para_78"},{"text":"9","paragraph_id":"para_79"},{"text":"Article 8 of the Vreemdelingenwet 2000 (Law on Foreign Nationals of 2000), of 23 November 2000 (Stb. 2000, No 495), in the version applicable to the dispute in the main proceedings, provides that a foreign national is lawfully resident in the Netherlands only:","paragraph_id":"para_80"},{"text":"‘…","paragraph_id":"para_81"},{"text":"e.","paragraph_id":"para_82"},{"text":"as [an EU] national, as long as the national concerned resides in the Netherlands pursuant to a regulation adopted under the [TFEU] or the Agreement on the European Economic Area;","paragraph_id":"para_83"},{"text":"…’","paragraph_id":"para_84"},{"text":"10","paragraph_id":"para_85"},{"text":"Paragraph B10/ 2.2 of the Vreemdelingencirculaire 2000 (Circular of 2000 on Foreign Nationals), of 2 March 2001 (Stcrt. 2001, No 64), in the version applicable to the dispute in the main proceedings, provides, inter alia:","paragraph_id":"para_86"},{"text":"‘…","paragraph_id":"para_87"},{"text":"A foreign national is lawfully resident under Article 8, introductory part and point (e), of the Law on Foreign Nationals of 2000 if all the following conditions are met:","paragraph_id":"para_88"},{"text":"a.","paragraph_id":"para_89"},{"text":"the foreign national must make a plausible case with regard to his or her identity and nationality by presenting a border crossing document or a valid identity card. If the foreign national cannot do so, he or she must prove without ambiguity his or her identity and nationality by other means;","paragraph_id":"para_90"},{"text":"b.","paragraph_id":"para_91"},{"text":"the foreign national has a minor child (that is to say, a child of under 18 years of age) who holds Netherlands nationality;","paragraph_id":"para_92"},{"text":"c.","paragraph_id":"para_93"},{"text":"the foreign national, whether jointly with the other parent or not, performs tasks relating to the care of the minor child; and","paragraph_id":"para_94"},{"text":"d.","paragraph_id":"para_95"},{"text":"there is such a relationship of dependency between the foreign national and the child that the child would be forced to leave the territory of the European Union if the foreign national were refused a right of residence.","paragraph_id":"para_96"},{"text":"…","paragraph_id":"para_97"},{"text":"The [Immigratie- en Naturalisatiedienst (Immigration and Naturalisation Office, Netherlands)] shall provide to the foreign national who intends to reside as a parent caring for a minor child of Netherlands nationality, immediately after the introduction of the application for assessment in the light …","paragraph_id":"para_98"},{"text":"In the following cases, no residence permit sticker for [EU] nationals shall be issued (Annex 7h [of the VV]), but a general residence permit sticker shall be issued instead (Annex 7g [of the VV]):","paragraph_id":"para_99"},{"text":"…","paragraph_id":"para_100"},{"text":"The foreign national has a right of residence in another Member State of the [European Union];","paragraph_id":"para_101"},{"text":"…’","paragraph_id":"para_102"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_103"},{"text":"11","paragraph_id":"para_104"},{"text":"The applicant in the main proceedings, V, was born in Morocco in 1979 and holds Moroccan nationality. From 1999 to 2014, she lived in Spain on the basis of a right of residence granted, pursuant to Spanish law, on account of her economic activity in that Member State. On 23 September 2014, she was m …","paragraph_id":"para_105"},{"text":"12","paragraph_id":"para_106"},{"text":"On 6 January 2015, a son, who holds Netherlands nationality exclusively, was born to the couple, and who the couple care for together.","paragraph_id":"para_107"},{"text":"13","paragraph_id":"para_108"},{"text":"That child has speech and language difficulties and did not speak until he was five years old. Since he suffers from delayed speech development, he attends an educational institution for pupils who require specific support that the general education system is unable to provide. He also uses a customised transport service to travel between his home and that institution. To date, he has never resided in a Member State other than that of which he is a national.","paragraph_id":"para_109"},{"text":"14","paragraph_id":"para_110"},{"text":"The spouse of the applicant in the main proceedings does not receive any occupational income on account of his state of health and, for that reason, is dispensed in part from the obligation to work. On the other hand, he receives social assistance benefits.","paragraph_id":"para_111"},{"text":"15","paragraph_id":"para_112"},{"text":"On 13 November 2020, the applicant in the main proceedings made an application in the Netherlands for a derived right of residence under Article 20 TFEU in order to stay with her minor son. In support of that application, she submitted a document attesting that she has a right of residence in Spain.","paragraph_id":"para_113"},{"text":"16","paragraph_id":"para_114"},{"text":"On 11 November 2021, the State Secretary rejected that application, finding, inter alia, that the applicant in the main proceedings is not entitled to a derived right of residence under Article 20 TFEU given that she has a right of residence in Spain. In his assessment, he examined of his own motion …","paragraph_id":"para_115"},{"text":"17","paragraph_id":"para_116"},{"text":"Following the rejection of her application seeking a derived right of residence in the Netherlands under Article 20 TFEU, the applicant in the main proceedings requested the Spanish authorities for an attestation that she had renounced her right of residence in the latter Member State. After researc …","paragraph_id":"para_117"},{"text":"18","paragraph_id":"para_118"},{"text":"By decision of 20 June 2022, the State Secretary declared the complaint brought by the applicant in the main proceedings against that rejection to be manifestly unfounded.","paragraph_id":"para_119"},{"text":"19","paragraph_id":"para_120"},{"text":"The applicant brought an action against that dismissal before the rechtbank Den Haag (District Court, The Hague, Netherlands), which is the referring court.","paragraph_id":"para_121"},{"text":"20","paragraph_id":"para_122"},{"text":"The applicant in the main proceedings asserts before that court that she has a derived right of residence in the Netherlands under Article 20 TFEU since her minor son is dependent on her. The State Secretary disputes the existence of such a right on the ground that she already has a right of residen …","paragraph_id":"para_123"},{"text":"21","paragraph_id":"para_124"},{"text":"Therefore, the referring court raises the issue of whether, first, the application made by the applicant in the main proceedings for a derived right of residence in the Netherlands under Article 20 TFEU can be rejected on the sole ground that she has a right of residence in another Member State. In …","paragraph_id":"para_125"},{"text":"22","paragraph_id":"para_126"},{"text":"Secondly, the referring court has doubts as to whether the obligation, provided for in Article 5(a) and (b) of Directive 2008/115, according to which Member States must take due account, when implementing that directive, of the best interests of the child and of family life, has the same scope and e …","paragraph_id":"para_127"},{"text":"23","paragraph_id":"para_128"},{"text":"In those circumstances, the rechtbank Den Haag (District Court, The Hague) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_129"},{"text":"‘(1)","paragraph_id":"para_130"},{"text":"Is Article 20 TFEU to be interpreted as meaning that it is not excluded that a third-country parent must be granted a derived right of residence in the Member State of which his or her minor child is a national and where his or her child resides without having made use of his or her citizenship rights, while that third-country parent has a right of residence in another Member State?","paragraph_id":"para_131"},{"text":"If it is not excluded that a third-country parent must be granted a derived right of residence in the Member State of which his or her minor child is a national and where his or her child resides without having made use of his or her citizenship rights, while that third-country parent has a right of residence in another Member State:","paragraph_id":"para_132"},{"text":"(2)","paragraph_id":"para_133"},{"text":"Having regard to Article 5(a) and (b) of Directive 2008/115 and Article 6(2) of [that directive], does it follow from Article 20 TFEU, where a relationship of dependency exists, such as that which provides grounds for the grant of a derived right of residence under Article 20 TFEU, that there is an …","paragraph_id":"para_134"},{"text":"Consideration of the questions referred","paragraph_id":"para_135"},{"text":"24","paragraph_id":"para_136"},{"text":"As a preliminary point, it should be recalled that, according to settled case-law, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it a …","paragraph_id":"para_137"},{"text":"25","paragraph_id":"para_138"},{"text":"In the present case, the referring court raises the issue of the interpretation both of Article 20 TFEU, and of Article 5(a) and (b) and Article 6(2) of Directive 2008/115. Its questions with regard to that directive arise from the fact that, after rejecting the application made by the applicant in …","paragraph_id":"para_139"},{"text":"26","paragraph_id":"para_140"},{"text":"It follows from the latter provision that a third-country national staying illegally on the territory of a Member State whilst having a right of residence in another Member State should be allowed to return to the latter, rather than be issued a return decision from the outset, unless public policy …","paragraph_id":"para_141"},{"text":"27","paragraph_id":"para_142"},{"text":"In that context, the referring court asks whether, for the purposes of resolving the dispute in the main proceedings, Article 5(a) and (b) of Directive 2008/115 is relevant, under which, when implementing that directive, Member States are to take due account of the best interests of the child and family life.","paragraph_id":"para_143"},{"text":"28","paragraph_id":"para_144"},{"text":"That being said, it is apparent from a reading of the request for a preliminary ruling as a whole that, although the referring court expressly refers to the obligation arising from Article 5(a) and (b) of Directive 2008/115, it is ultimately seeking clarification as to whether the applicant in the m …","paragraph_id":"para_145"},{"text":"29","paragraph_id":"para_146"},{"text":"It is settled case-law that the common standards and procedures established by that directive concern only the adoption of return decisions and the implementation of those decisions, without, however, laying down rules concerning either how to attribute a right of residence to third-country national …","paragraph_id":"para_147"},{"text":"30","paragraph_id":"para_148"},{"text":"However, as the referring court has also observed, the right to respect for family life is enshrined in Article 7 of the Charter, which must be read in conjunction with Article 24 thereof, relating to the rights of the child. In particular, Article 24(2) and (3) provide, respectively, for the obliga …","paragraph_id":"para_149"},{"text":"31","paragraph_id":"para_150"},{"text":"In those circumstances, it must be held that, by its two questions, which it is appropriate to examine together, the referring court asks, in essence, whether Article 20 TFEU, read in the light of Article 7 and Article 24(2) and (3) of the Charter, must be interpreted as precluding the adoption, by …","paragraph_id":"para_151"},{"text":"32","paragraph_id":"para_152"},{"text":"It must be recalled in that regard that, according to settled case-law, Article 20 TFEU confers on every individual who is a national of a Member State citizenship of the Union, which constitutes the fundamental status of nationals of the Member States (see, to that effect, judgments of 20 September …","paragraph_id":"para_153"},{"text":"33","paragraph_id":"para_154"},{"text":"Citizenship of the Union confers on each Union citizen a primary and individual right to move and reside freely within the territory of the Member States, subject to the limitations and restrictions laid down by the FEU Treaty and the measures adopted for their implementation (judgments of 7 October …","paragraph_id":"para_155"},{"text":"34","paragraph_id":"para_156"},{"text":"The Court has held that Article 20 TFEU precludes national measures, including decisions refusing a right of residence to the family members of a Union citizen, which have the effect of depriving Union citizens of the genuine enjoyment of the substance of the rights conferred by virtue of their stat …","paragraph_id":"para_157"},{"text":"35","paragraph_id":"para_158"},{"text":"On the other hand, the Treaty provisions on citizenship of the Union do not confer any autonomous right on third-country nationals. Any rights conferred on third-country nationals are not autonomous rights of those nationals but rights derived from those enjoyed by a Union citizen. The purpose and j …","paragraph_id":"para_159"},{"text":"36","paragraph_id":"para_160"},{"text":"In the present case, it is common ground that the minor child of the applicant in the main proceedings may, as a national of a Member State, rely on the rights pertaining to his status as a Union citizen conferred on him by Article 20 TFEU, including against the Member State of which he is a national (see, to that effect, judgment of 10 May 2017, Chavez-Vilchez and Others, C‑133/15 , EU:C:2017:354 , paragraph  60 and the case-law cited).","paragraph_id":"para_161"},{"text":"37","paragraph_id":"para_162"},{"text":"Furthermore, it is apparent from the order for reference that the applicant in the main proceedings and her spouse, who, like their child, holds Netherlands nationality, both care for that child and live together as a family in the Netherlands. That child has thus maintained, without interruption since his birth, personal relationships and direct contact with both his parents.","paragraph_id":"para_163"},{"text":"38","paragraph_id":"para_164"},{"text":"It is also apparent from that order that the State Secretary refused to grant a derived right of residence in the Netherlands to the applicant in the main proceedings, the mother of that child, on the ground that she has a right of residence in Spain under the legislation of the latter Member State. …","paragraph_id":"para_165"},{"text":"39","paragraph_id":"para_166"},{"text":"Although the referring court relied, in its questions, on the premiss that the applicant in the main proceedings does in fact have a right of residence in Spain, the applicant submitted before the Court, both in her written observations and at the hearing, that she has in the meantime renounced that right of residence and, therefore, no longer has any right of residence in that Member State.","paragraph_id":"para_167"},{"text":"40","paragraph_id":"para_168"},{"text":"It is ultimately for the referring court to assess whether the applicant in the main proceedings still has a right of residence in Spain. However, in order to provide an answer which will, in all circumstances, be useful to that court in resolving the dispute before it, the Court will also consider the scenario in which there is no such right of residence.","paragraph_id":"para_169"},{"text":"The scenario in which the applicant in the main proceedings no longer has a right of residence in Spain","paragraph_id":"para_170"},{"text":"41","paragraph_id":"para_171"},{"text":"It must be recalled in this connection that there are very specific situations in which, despite the fact that secondary legislation on the right of residence of third-country nationals does not apply and the Union citizen concerned has not made use of his or her freedom of movement and of residence …","paragraph_id":"para_172"},{"text":"42","paragraph_id":"para_173"},{"text":"The situations referred to in the preceding paragraph have the common feature that, although they are governed by legislation which falls, a priori, within the competence of the Member States, namely legislation on the right of entry and residence of third-country nationals outside the scope of prov …","paragraph_id":"para_174"},{"text":"43","paragraph_id":"para_175"},{"text":"However, a refusal to grant a right of residence to a third-country national is liable to undermine the effectiveness of Union citizenship only if there exists, between that third-country national and the Union citizen who is a family member, such a relationship of dependency that it would lead to t …","paragraph_id":"para_176"},{"text":"44","paragraph_id":"para_177"},{"text":"In that regard, it should be noted that the assessment of the existence of a relationship of dependency between the third-country national concerned and his or her minor child, a Union citizen, for the purposes of the possible recognition of a derived right of residence under Article 20 TFEU, must t …","paragraph_id":"para_178"},{"text":"45","paragraph_id":"para_179"},{"text":"Thus, for the purposes of that assessment, the fact that the other parent, a Union citizen, is actually able and willing to assume sole responsibility for the primary day-to-day care of the child is a relevant factor, but it is not in itself a sufficient ground for a conclusion that there is not, be …","paragraph_id":"para_180"},{"text":"46","paragraph_id":"para_181"},{"text":"In that assessment, the competent authorities must take account of the right to respect for family life, as set out in Article 7 of the Charter, read in conjunction with the obligation to take into consideration the best interests of the child, as a primary consideration in all actions relating to c …","paragraph_id":"para_182"},{"text":"47","paragraph_id":"para_183"},{"text":"In that regard, where the Union citizen minor lives with both parents on a stable basis and where, therefore, the care of that child and the legal, emotional and financial responsibility in relation to that child are shared on a daily basis by those two parents, there is a rebuttable presumption tha …","paragraph_id":"para_184"},{"text":"48","paragraph_id":"para_185"},{"text":"In the present case, according to the referring court, there is a relationship of dependency between the applicant in the main proceedings and her minor son, a Union citizen, within the meaning of the case-law set out in paragraphs 43 to 47 above.","paragraph_id":"para_186"},{"text":"49","paragraph_id":"para_187"},{"text":"Therefore, were it to be found that the applicant in the main proceedings no longer has a right of residence in Spain, it must be concluded that, in the light of that relationship of dependency between her and her minor child, who is a Union citizen, the latter would be compelled to accompany his mo …","paragraph_id":"para_188"},{"text":"The scenario in which the applicant in the main proceedings still has a right of residence in Spain","paragraph_id":"para_189"},{"text":"50","paragraph_id":"para_190"},{"text":"The fact, even if it were established, that the applicant in the main proceedings still has a right of residence in Spain cannot, in itself, rule out the possibility that that applicant may enjoy a derived right of residence in the Netherlands under Article 20 TFEU.","paragraph_id":"para_191"},{"text":"51","paragraph_id":"para_192"},{"text":"It is apparent from the order for reference that, having regard to the relationship of dependency between the applicant in the main proceedings and her minor child, a Union citizen, that child would, in fact, be compelled to accompany his mother to Spain and, therefore, to leave the territory of the Netherlands of which he is a national, if she were to be refused a derived right of residence in that Member State on the basis of Article 20 TFEU.","paragraph_id":"para_193"},{"text":"52","paragraph_id":"para_194"},{"text":"As the referring court explains, compelling such a relocation of the minor child, a Union citizen, to Spain would be liable to infringe some of his fundamental rights, in particular the right to respect for family life and the rights of the child, guaranteed in Article 7 and Article 24(2) and (3) of the Charter respectively.","paragraph_id":"para_195"},{"text":"53","paragraph_id":"para_196"},{"text":"It should be noted in that regard that, pursuant to Article 51(1) of the Charter, the provisions of that charter are addressed to the Member States only when they are implementing EU law.","paragraph_id":"para_197"},{"text":"54","paragraph_id":"para_198"},{"text":"That is the case in a situation such as that referred to in paragraph 51 above. Subject to compliance with the conditions and limits laid down by the relevant secondary EU legislation, the rights stemming from the citizenship of the Union enjoyed by each national of a Member State include, according …","paragraph_id":"para_199"},{"text":"55","paragraph_id":"para_200"},{"text":"It follows that the decision rejecting an application for the grant of a derived right of residence under Article 20 TFEU in a situation such as that referred to in paragraph 51 above constitutes an implementation of EU law, within the meaning of Article 51(1) of the Charter, and that the competent national authorities, when adopting such a decision, cannot dispense with an assessment of compliance with the fundamental rights as guaranteed by that charter.","paragraph_id":"para_201"},{"text":"56","paragraph_id":"para_202"},{"text":"So far as concerns, in the first place, the right to respect for family life enshrined in Article 7 of the Charter, that article must be read in conjunction with Article 24(3) thereof, according to which every child has the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.","paragraph_id":"para_203"},{"text":"57","paragraph_id":"para_204"},{"text":"It is apparent from the information provided by the referring court that, in the present case, the minor child, a Union citizen, is dependent on both his third-country national parent and his Union citizen parent. However, according to that information, the State Secretary rejected the application f …","paragraph_id":"para_205"},{"text":"58","paragraph_id":"para_206"},{"text":"In particular, the referring court points out that the State Secretary did not verify the nature of the right of residence enjoyed by the applicant in the main proceedings in Spain or any conditions imposed by the Spanish authorities on her spouse and their minor child, who is a Union citizen, in or …","paragraph_id":"para_207"},{"text":"59","paragraph_id":"para_208"},{"text":"Thus, that court observes that, since the minor child would be compelled, owing to the intensity of the relationship of dependency with his mother, to accompany her to Spain in the event of a refusal to grant the applicant in the main proceedings a derived right of residence in the Netherlands on th …","paragraph_id":"para_209"},{"text":"60","paragraph_id":"para_210"},{"text":"In those circumstances, and subject to verification which is ultimately a matter for the referring court, it must be held that the decision refusing to grant a derived right of residence to the mother of the minor child, that child being a Union citizen, would harm the family unit in that it would d …","paragraph_id":"para_211"},{"text":"61","paragraph_id":"para_212"},{"text":"In the second place, as regards Article 24(2) of the Charter, according to which, in all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration, the referring court states that, according to the applicant in the main proceedings, compelling the relocation of her child to Spain would be contrary to his best interests.","paragraph_id":"para_213"},{"text":"62","paragraph_id":"para_214"},{"text":"That court points out in that regard that, in the present case, the child concerned, who was 10 years old at the time when the present request for a preliminary ruling was made, does not speak Spanish but Dutch. In addition, that child did not speak until he was five years old and has speech and lan …","paragraph_id":"para_215"},{"text":"63","paragraph_id":"para_216"},{"text":"Subject to verification which is ultimately a matter for the referring court to carry out, it appears that such circumstances are, at the very least, such as to demonstrate that it is in the best interests of the minor child concerned that he continues to reside in the Netherlands and that, consequently, compelling his relocation to Spain would, in fact, be contrary to those interests.","paragraph_id":"para_217"},{"text":"64","paragraph_id":"para_218"},{"text":"Were it to be established that such is indeed the case, a derived right of residence would therefore have to be granted to his mother under Article 20 TFEU, read in the light of Article 24(2) of the Charter.","paragraph_id":"para_219"},{"text":"65","paragraph_id":"para_220"},{"text":"Having regard to all the foregoing considerations, the answer to the questions referred is that Article 20 TFEU, read in the light of Article 7 and Article 24(2) and (3) of the Charter, must be interpreted as","paragraph_id":"para_221"},{"text":"–","paragraph_id":"para_222"},{"text":"precluding the adoption, by the competent authority of the host Member State, of a decision refusing to grant a derived right of residence on its territory to a third-country national who is a parent of a minor child, that child being a Union citizen who has never resided in a Member State other tha …","paragraph_id":"para_223"},{"text":"–","paragraph_id":"para_224"},{"text":"requiring that third-country national to be granted a derived right of residence on the territory of the Member State of which that child is a national and in which he or she resides with both his or her parents, where either the family life which that child leads with both his or her parents, on wh …","paragraph_id":"para_225"},{"text":"Costs","paragraph_id":"para_226"},{"text":"66","paragraph_id":"para_227"},{"text":"Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_228"},{"text":"On those grounds, the Court (Grand Chamber) hereby rules:","paragraph_id":"para_229"},{"text":"Article 20 TFEU, read in the light of Article 7 and Article 24(2) and (3) of the Charter of Fundamental Rights of the European Union,","paragraph_id":"para_230"},{"text":"must be interpreted as:","paragraph_id":"para_231"},{"text":"–","paragraph_id":"para_232"},{"text":"precluding the adoption, by the competent authority of the host Member State, of a decision refusing to grant a derived right of residence on its territory to a third-country national who is a parent of a minor child, that child being a Union citizen who has never resided in a Member State other tha …","paragraph_id":"para_233"},{"text":"–","paragraph_id":"para_234"},{"text":"requiring that third-country national to be granted a derived right of residence on the territory of the Member State of which that child is a national and in which he or she resides with both his or her parents, where either the family life which that child leads with both his or her parents, on wh …","paragraph_id":"para_235"},{"text":"[Signatures]","paragraph_id":"para_236"},{"text":"(\n *1\n ) Language of the case: Dutch.","paragraph_id":"para_237"},{"text":"(\n i\n ) The name of the present case is a fictitious name. 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