{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-477-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-477-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-12","fingerprint":"ewai:eu:6fc91c","proof":"sha256:b405fda38d0860c375dd774cfd8048b63726a0825c5e185b2dd26d2bb34c563f","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-477-24","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":"62024CJ0477","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (First Chamber)","paragraphs":[]},{"title":"12 March 2026 (\n *1\n )","paragraphs":["para_4"]},{"title":"In Case C‑477/24 [Deldwyn], (\n i\n )","paragraphs":["para_6"]},{"title":"Minister for Justice","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 Charter","paragraphs":[]},{"title":"3","paragraphs":["para_35","para_36","para_37","para_38"]},{"title":"Directive 2004/38","paragraphs":[]},{"title":"4","paragraphs":[]},{"title":"Recital 11 of Directive 2004/38 states:","paragraphs":["para_42"]},{"title":"5","paragraphs":["para_44","para_45"]},{"title":"(a)","paragraphs":["para_47","para_48","para_49","para_50","para_51"]},{"title":"(b)","paragraphs":["para_53"]},{"title":"(c)","paragraphs":["para_55"]},{"title":"(d)","paragraphs":["para_57"]},{"title":"6","paragraphs":[]},{"title":"Article 10 of that directive, entitled ‘Issue of residence cards’, reads as follows:","paragraphs":["para_60","para_61"]},{"title":"(a)","paragraphs":["para_63"]},{"title":"(b)","paragraphs":["para_65"]},{"title":"(c)","paragraphs":["para_67"]},{"title":"(d)","paragraphs":["para_69"]},{"title":"(e)","paragraphs":["para_71"]},{"title":"(f)","paragraphs":["para_73"]},{"title":"7","paragraphs":["para_75","para_76"]},{"title":"(a)","paragraphs":["para_78","para_79","para_80"]},{"title":"Such family members shall retain their right of residence exclusively on personal basis.’","paragraphs":[]},{"title":"8","paragraphs":["para_83","para_84","para_85","para_86","para_87"]},{"title":"(a)","paragraphs":["para_89"]},{"title":"(b)","paragraphs":["para_91"]},{"title":"Irish law","paragraphs":[]},{"title":"9","paragraphs":["para_94"]},{"title":"10","paragraphs":["para_96","para_97"]},{"title":"(i)","paragraphs":["para_99","para_100"]},{"title":"11","paragraphs":["para_102"]},{"title":"12","paragraphs":["para_104"]},{"title":"13","paragraphs":["para_106","para_107","para_108"]},{"title":"(b)","paragraphs":["para_110","para_111","para_112"]},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":[]},{"title":"14","paragraphs":["para_115"]},{"title":"15","paragraphs":["para_117"]},{"title":"16","paragraphs":["para_119"]},{"title":"17","paragraphs":["para_121"]},{"title":"18","paragraphs":["para_123"]},{"title":"19","paragraphs":["para_125"]},{"title":"20","paragraphs":["para_127"]},{"title":"21","paragraphs":["para_129"]},{"title":"22","paragraphs":["para_131"]},{"title":"23","paragraphs":["para_133","para_134"]},{"title":"(a)","paragraphs":["para_136"]},{"title":"(b)","paragraphs":["para_138"]},{"title":"(2)","paragraphs":["para_140"]},{"title":"(3)","paragraphs":["para_142"]},{"title":"(a)","paragraphs":["para_144"]},{"title":"(b)","paragraphs":["para_146"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"The first question","paragraphs":[]},{"title":"24","paragraphs":["para_150"]},{"title":"25","paragraphs":["para_152"]},{"title":"26","paragraphs":["para_154"]},{"title":"27","paragraphs":["para_156"]},{"title":"28","paragraphs":["para_158"]},{"title":"29","paragraphs":["para_160"]},{"title":"30","paragraphs":["para_162"]},{"title":"31","paragraphs":["para_164"]},{"title":"32","paragraphs":["para_166"]},{"title":"33","paragraphs":["para_168"]},{"title":"34","paragraphs":["para_170"]},{"title":"35","paragraphs":["para_172"]},{"title":"36","paragraphs":["para_174"]},{"title":"37","paragraphs":["para_176"]},{"title":"38","paragraphs":["para_178"]},{"title":"39","paragraphs":["para_180"]},{"title":"40","paragraphs":["para_182"]},{"title":"41","paragraphs":["para_184"]},{"title":"42","paragraphs":["para_186"]},{"title":"The second question","paragraphs":[]},{"title":"43","paragraphs":["para_189"]},{"title":"44","paragraphs":["para_191"]},{"title":"45","paragraphs":["para_193"]},{"title":"46","paragraphs":["para_195"]},{"title":"47","paragraphs":["para_197"]},{"title":"48","paragraphs":["para_199"]},{"title":"49","paragraphs":["para_201"]},{"title":"50","paragraphs":["para_203"]},{"title":"51","paragraphs":["para_205"]},{"title":"52","paragraphs":["para_207"]},{"title":"The third question","paragraphs":[]},{"title":"53","paragraphs":["para_210"]},{"title":"54","paragraphs":["para_212"]},{"title":"55","paragraphs":["para_214"]},{"title":"56","paragraphs":["para_216"]},{"title":"57","paragraphs":["para_218"]},{"title":"58","paragraphs":["para_220"]},{"title":"59","paragraphs":["para_222"]},{"title":"60","paragraphs":["para_224"]},{"title":"61","paragraphs":["para_226"]},{"title":"62","paragraphs":["para_228"]},{"title":"63","paragraphs":["para_230"]},{"title":"64","paragraphs":["para_232"]},{"title":"65","paragraphs":["para_234"]},{"title":"66","paragraphs":["para_236"]},{"title":"67","paragraphs":["para_238"]},{"title":"68","paragraphs":["para_240"]},{"title":"69","paragraphs":["para_242"]},{"title":"70","paragraphs":["para_244"]},{"title":"Costs","paragraphs":[]},{"title":"71","paragraphs":["para_247"]},{"title":"On those grounds, the Court (First Chamber) hereby rules:","paragraphs":["para_249","para_250","para_251","para_252"]},{"title":"Article 7(3)(b) of Directive 2004/38","paragraphs":["para_254","para_255","para_256","para_257"]},{"title":"Biltgen","paragraphs":[]},{"title":"Ziemele","paragraphs":[]},{"title":"Kumin","paragraphs":[]},{"title":"Gervasoni","paragraphs":[]},{"title":"Bošnjak","paragraphs":["para_263"]},{"title":"A. Calot Escobar","paragraphs":[]},{"title":"Registrar","paragraphs":[]},{"title":"F. Biltgen","paragraphs":[]},{"title":"President of the Chamber","paragraphs":["para_268","para_269"]}],"paragraphs":[{"text":"62024CJ0477","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (First Chamber)","paragraph_id":"para_2"},{"text":"12 March 2026 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Reference for a preliminary ruling – Citizenship of the Union – Right to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 7(3)(b) – Derived right of residence – Third-country national divorced from a Union citizen who was no longer a worker or self-e …","paragraph_id":"para_4"},{"text":"In Case C‑477/24 [Deldwyn], (\n i\n )","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Court of Appeal (Ireland), made by decision of 28 June 2024, received at the Court on 9 July 2024, in the proceedings","paragraph_id":"para_6"},{"text":"Minister for Justice","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"I.T.,","paragraph_id":"para_9"},{"text":"THE COURT (First Chamber),","paragraph_id":"para_10"},{"text":"composed of F. Biltgen (Rapporteur), President of the Chamber, I. Ziemele, A. Kumin, S. Gervasoni and M. Bošnjak, Judges,","paragraph_id":"para_11"},{"text":"Advocate General: R. Norkus,","paragraph_id":"para_12"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_13"},{"text":"having regard to the written procedure,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–","paragraph_id":"para_16"},{"text":"I.T., by M. Conlon, Senior Counsel, G. Keogh, Barrister-at-Law, and I. Khan, Solicitor,","paragraph_id":"para_17"},{"text":"–","paragraph_id":"para_18"},{"text":"Ireland, by M. Browne, Chief State Solicitor, S. Finnegan, A. Joyce and R. O’Donnell, acting as Agents, and by D. Conlan Smyth, Senior Counsel, and S.J. Hillery, Barrister-at-Law,","paragraph_id":"para_19"},{"text":"–","paragraph_id":"para_20"},{"text":"the German Government, by J. Möller and N. Scheffel, acting as Agents,","paragraph_id":"para_21"},{"text":"–","paragraph_id":"para_22"},{"text":"the European Commission, by E. Montaguti and J. Tomkin, acting as Agents,","paragraph_id":"para_23"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 25 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 7(3)(b) and Articles 13 and 14 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 terri …","paragraph_id":"para_28"},{"text":"2","paragraph_id":"para_29"},{"text":"The request has been made in proceedings between I.T. (‘the applicant’), a third-country national who is divorced from a Union citizen who is a national of a Member State other than Ireland, and the Minister for Justice (Ireland) (‘the Minister’) concerning the Minister’s final determination refusing the applicant retention of a residence card, which would have enabled the applicant to remain in Ireland indefinitely.","paragraph_id":"para_30"},{"text":"Legal context","paragraph_id":"para_31"},{"text":"European Union law","paragraph_id":"para_32"},{"text":"The Charter","paragraph_id":"para_33"},{"text":"3","paragraph_id":"para_34"},{"text":"Article 47 of the Charter, entitled ‘Right to an effective remedy and to a fair trial’, provides:","paragraph_id":"para_35"},{"text":"‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.","paragraph_id":"para_36"},{"text":"Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.","paragraph_id":"para_37"},{"text":"…’","paragraph_id":"para_38"},{"text":"Directive 2004/38","paragraph_id":"para_39"},{"text":"4","paragraph_id":"para_40"},{"text":"Recital 11 of Directive 2004/38 states:","paragraph_id":"para_41"},{"text":"‘The fundamental and personal right of residence in another Member State is conferred directly on Union citizens by the Treaty and is not dependent upon their having fulfilled administrative procedures.’","paragraph_id":"para_42"},{"text":"5","paragraph_id":"para_43"},{"text":"Article 7 of that directive, entitled ‘Right of residence for more than three months’, provides:","paragraph_id":"para_44"},{"text":"‘1.   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_45"},{"text":"(a)","paragraph_id":"para_46"},{"text":"are workers or self-employed persons in the host Member State; or","paragraph_id":"para_47"},{"text":"…","paragraph_id":"para_48"},{"text":"2.   The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying or joining the Union citizen in the host Member State, provided that such Union citizen satisfies the conditions referred to in paragraph 1(a), (b) or (c).","paragraph_id":"para_49"},{"text":"3.   For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed person shall retain the status of worker or self-employed person in the following circumstances:","paragraph_id":"para_50"},{"text":"…","paragraph_id":"para_51"},{"text":"(b)","paragraph_id":"para_52"},{"text":"he/she is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a jobseeker with the relevant employment office;","paragraph_id":"para_53"},{"text":"(c)","paragraph_id":"para_54"},{"text":"he/she is in duly recorded involuntary unemployment after completing a fixed-term employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and has registered as a jobseeker with the relevant employment office. In this case, the status of worker shall be retained for no less than six months;","paragraph_id":"para_55"},{"text":"(d)","paragraph_id":"para_56"},{"text":"he/she embarks on vocational training. Unless he/she is involuntarily unemployed, the retention of the status of worker shall require the training to be related to the previous employment.’","paragraph_id":"para_57"},{"text":"6","paragraph_id":"para_58"},{"text":"Article 10 of that directive, entitled ‘Issue of residence cards’, reads as follows:","paragraph_id":"para_59"},{"text":"‘1.   The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called “Residence card of a family member of a Union citizen” no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately.","paragraph_id":"para_60"},{"text":"2.   For the residence card to be issued, Member States shall require presentation of the following documents:","paragraph_id":"para_61"},{"text":"(a)","paragraph_id":"para_62"},{"text":"a valid passport;","paragraph_id":"para_63"},{"text":"(b)","paragraph_id":"para_64"},{"text":"a document attesting to the existence of a family relationship or of a registered partnership;","paragraph_id":"para_65"},{"text":"(c)","paragraph_id":"para_66"},{"text":"the registration certificate or, in the absence of a registration system, any other proof of residence in the host Member State of the Union citizen whom they are accompanying or joining;","paragraph_id":"para_67"},{"text":"(d)","paragraph_id":"para_68"},{"text":"in cases falling under points (c) and (d) of Article 2(2), documentary evidence that the conditions laid down therein are met;","paragraph_id":"para_69"},{"text":"(e)","paragraph_id":"para_70"},{"text":"in cases falling under Article 3(2)(a), a document issued by the relevant authority in the country of origin or country from which they are arriving certifying that they are dependants or members of the household of the Union citizen, or proof of the existence of serious health grounds which strictly require the personal care of the family member by the Union citizen;","paragraph_id":"para_71"},{"text":"(f)","paragraph_id":"para_72"},{"text":"in cases falling under Article 3(2)(b), proof of the existence of a durable relationship with the Union citizen.’","paragraph_id":"para_73"},{"text":"7","paragraph_id":"para_74"},{"text":"Article 13 of the directive, entitled ‘Retention of the right of residence by family members in the event of divorce, annulment of marriage or termination of registered partnership’, provides, in paragraph 2:","paragraph_id":"para_75"},{"text":"‘Without prejudice to the second subparagraph, divorce … shall not entail loss of the right of residence of a Union citizen’s family members who are not nationals of a Member State where:","paragraph_id":"para_76"},{"text":"(a)","paragraph_id":"para_77"},{"text":"prior to initiation of the divorce … proceedings …, the marriage or registered partnership has lasted at least three years, including one year in the host Member State …","paragraph_id":"para_78"},{"text":"…","paragraph_id":"para_79"},{"text":"Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to b …","paragraph_id":"para_80"},{"text":"Such family members shall retain their right of residence exclusively on personal basis.’","paragraph_id":"para_81"},{"text":"8","paragraph_id":"para_82"},{"text":"Paragraphs 2 and 4 of Article 14 of Directive 2004/38, entitled ‘Retention of the right of residence’, provide:","paragraph_id":"para_83"},{"text":"‘2.   Union citizens and their family members shall have the right of residence provided for in Articles 7, 12 and 13 as long as they meet the conditions set out therein.","paragraph_id":"para_84"},{"text":"In specific cases where there is a reasonable doubt as to whether a Union citizen or his/her family members satisfies the conditions set out in Articles 7, 12 and 13, Member States may verify if these conditions are fulfilled. This verification shall not be carried out systematically.","paragraph_id":"para_85"},{"text":"…","paragraph_id":"para_86"},{"text":"4.   By way of derogation from paragraphs 1 and 2 and without prejudice to the provisions of Chapter VI, an expulsion measure may in no case be adopted against Union citizens or their family members if:","paragraph_id":"para_87"},{"text":"(a)","paragraph_id":"para_88"},{"text":"the Union citizens are workers or self-employed persons, or","paragraph_id":"para_89"},{"text":"(b)","paragraph_id":"para_90"},{"text":"the Union citizens entered the territory of the host Member State in order to seek employment. In this case, the Union citizens and their family members may not be expelled for as long as the Union citizens can provide evidence that they are continuing to seek employment and that they have a genuine chance of being engaged.’","paragraph_id":"para_91"},{"text":"Irish law","paragraph_id":"para_92"},{"text":"9","paragraph_id":"para_93"},{"text":"The legislation transposing Directive 2004/38 into Irish law is contained in the European Communities (Free Movement of Persons) Regulations 2015 (‘the 2015 Regulations’).","paragraph_id":"para_94"},{"text":"10","paragraph_id":"para_95"},{"text":"The right to reside in Ireland is governed by Regulation 6 of the 2015 Regulations, paragraph 3(a) of which states:","paragraph_id":"para_96"},{"text":"‘A Union citizen … may reside in the State for a period that is longer than 3 months if he or she—","paragraph_id":"para_97"},{"text":"(i)","paragraph_id":"para_98"},{"text":"is in employment or in self-employment in the State,","paragraph_id":"para_99"},{"text":"…’","paragraph_id":"para_100"},{"text":"11","paragraph_id":"para_101"},{"text":"In accordance with Regulation 6(3)(b) of the 2015 Regulations, a family member who is not a national of a Member State may reside in Ireland for a period longer than three months provided that the Union citizen concerned is employed or self-employed in that State.","paragraph_id":"para_102"},{"text":"12","paragraph_id":"para_103"},{"text":"Regulation 6(3)(c) of the 2015 Regulations provides, in essence, that where a person to whom Regulation 6(3)(a)(i) of those regulations applies ceases to be in the employment or self-employment concerned, the latter provision is to be deemed to continue to apply to him or her, including where that p …","paragraph_id":"para_104"},{"text":"13","paragraph_id":"para_105"},{"text":"Paragraph 2 of Regulation 10 of the 2015 Regulations, entitled ‘Retention of the right of residence by family members in the event of divorce, annulment of marriage, annulment or dissolution of civil partnership’, provides:","paragraph_id":"para_106"},{"text":"‘(a)","paragraph_id":"para_107"},{"text":"Subject to subparagraph (b), where the marriage or civil [partnership] of a Union citizen is dissolved or annulled and, at the time of the dissolution or annulment, as the case may be, he or she had a right of residence in the State under these Regulations, a family member who is not a national of a Member State may retain a right of residence in the State on an individual and personal basis.","paragraph_id":"para_108"},{"text":"(b)","paragraph_id":"para_109"},{"text":"A right of residence of a family member referred to in subparagraph (a) is subject to the Minister being satisfied that—","paragraph_id":"para_110"},{"text":"(i) prior to the initiation of the dissolution or annulment proceedings concerned, the marriage or civil partnership had lasted at least 3 years, including one year in the State,","paragraph_id":"para_111"},{"text":"…’","paragraph_id":"para_112"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_113"},{"text":"14","paragraph_id":"para_114"},{"text":"The applicant entered Ireland in October 2002 on foot of a student visa. In July 2009 he married, in Ireland, a Union citizen who is not a national of that Member State, and subsequently made several applications for a residence card pursuant to Directive 2004/38 and the 2015 Regulations on the basi …","paragraph_id":"para_115"},{"text":"15","paragraph_id":"para_116"},{"text":"Divorce proceedings were initiated in the Member State of origin of the Union citizen in June 2014, and the couple’s divorce was granted there in July 2014. The marriage had subsisted for five years by the date of its dissolution. The applicant’s residence card was not revoked following his divorce. …","paragraph_id":"para_117"},{"text":"16","paragraph_id":"para_118"},{"text":"In August 2018, the applicant made an application for retention of his right of residence in a personal capacity. That application was based on Regulation 10(2) of the 2015 Regulations which provides for retention of a derived right of residence in the event of divorce in certain circumstances, wher …","paragraph_id":"para_119"},{"text":"17","paragraph_id":"para_120"},{"text":"The application was refused by decision of the Minister of 7 October 2019 on the ground, in particular, that the applicant had not produced evidence of his former spouse’s activity at the time when divorce proceedings were initiated, namely in June 2014, given that his derived rights depended on his …","paragraph_id":"para_121"},{"text":"18","paragraph_id":"para_122"},{"text":"The applicant sought a review of that decision and, in that connection, requested a copy of the information transmitted to the Minister by the DEASP. In support of his request for review, the applicant stated that he no longer had an ongoing relationship with his former spouse, a Union citizen, but …","paragraph_id":"para_123"},{"text":"19","paragraph_id":"para_124"},{"text":"The request for review was refused by a further ministerial decision, issued in November 2021. In support of that decision the Minister found that, at the time of the initiation of the divorce proceedings, the former spouse was not exercising her FEU Treaty rights since her involuntary unemployment …","paragraph_id":"para_125"},{"text":"20","paragraph_id":"para_126"},{"text":"The applicant having been successful in his action against that decision before the High Court (Ireland), the Minister brought an appeal against that judgment before the Court of Appeal (Ireland), which is the referring court.","paragraph_id":"para_127"},{"text":"21","paragraph_id":"para_128"},{"text":"The issue before the referring court is essentially, first of all, whether, for the purpose of determining whether the involuntary unemployment of the applicant’s former spouse was ‘duly recorded’, the Minister ought or ought not to have taken account of the fact that the DEASP had granted her a job …","paragraph_id":"para_129"},{"text":"22","paragraph_id":"para_130"},{"text":"The referring court considers that the first two points raise questions of interpretation of Directive 2004/38 as to which there is not yet any case-law of the Court of Justice. With regard to the third point, the referring court queries whether the right of access to the file and the right to good …","paragraph_id":"para_131"},{"text":"23","paragraph_id":"para_132"},{"text":"In those circumstances, the Court of Appeal decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_133"},{"text":"‘(1)","paragraph_id":"para_134"},{"text":"(a)","paragraph_id":"para_135"},{"text":"Does the expression “one year” in [Article] 7(3)(b) of [Directive 2004/38] (“the Directive”) contemplate or require that the year in question be a single continuous period?","paragraph_id":"para_136"},{"text":"(b)","paragraph_id":"para_137"},{"text":"If the answer to (a) is “no”, does the fact that the periods of employment making up the year in question may have been accumulated or added together over a period of four or five years bring the EU citizen outside the scope of [Article] 7(3)(b) [of the Directive]?","paragraph_id":"para_138"},{"text":"(2)","paragraph_id":"para_139"},{"text":"Does the fact that the EU citizen was in receipt of Jobseekers Allowance from the [DEASP] in Ireland mean that he or she is in “duly recorded involuntary unemployment” in the State within the meaning of [Article] 7(3)(b) of the Directive?","paragraph_id":"para_140"},{"text":"(3)","paragraph_id":"para_141"},{"text":"Does the general principle of EU law which reflects [Article] 41 of the Charter, or alternatively, does the Directive interpreted in the light of that general principle, require the Respondent to provide its file to the Applicant (if necessary, in suitably redacted form) either:","paragraph_id":"para_142"},{"text":"(a)","paragraph_id":"para_143"},{"text":"before making a decision on retention of residence rights/a Residence Card pursuant to [Article] 14 of the Directive in relation to [Article] 13 and/or [Article] 7(3) of the Directive; and/or","paragraph_id":"para_144"},{"text":"(b)","paragraph_id":"para_145"},{"text":"when the applicant seeks to challenge such a decision by way of Judicial Review proceedings?’","paragraph_id":"para_146"},{"text":"Consideration of the questions referred","paragraph_id":"para_147"},{"text":"The first question","paragraph_id":"para_148"},{"text":"24","paragraph_id":"para_149"},{"text":"By its first question, the referring court asks, in essence, whether Article 7(3)(b) of Directive 2004/38 must be interpreted as meaning that the expression ‘for more than one year’ in that provision refers to a single continuous period of employment or self-employment of more than one year, or to a period of more than one year which may be made up of several shorter periods of employment or self-employment, accumulated over several years.","paragraph_id":"para_150"},{"text":"25","paragraph_id":"para_151"},{"text":"In that regard, it should be borne in mind that, according to Article 7(3)(b) of Directive 2004/38, a Union citizen who is no longer a worker or self-employed person is to retain the status of worker or self-employed person if he or she is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a jobseeker with the relevant employment office.","paragraph_id":"para_152"},{"text":"26","paragraph_id":"para_153"},{"text":"That provision makes no express reference to the laws of the Member States for the purpose of determining the meaning and scope of the expression ‘for more than one year’. Nor is there any definition of that expression in Directive 2004/38. In those circumstances, it follows from both the need for a …","paragraph_id":"para_154"},{"text":"27","paragraph_id":"para_155"},{"text":"As regards, in the first place, the wording of Article 7(3)(b) of Directive 2004/38, it must be noted that, according to its usual meaning in everyday language, the expression ‘one year’ refers to a period of 12 months which is not necessarily the same as a calendar year, and which is based on the p …","paragraph_id":"para_156"},{"text":"28","paragraph_id":"para_157"},{"text":"As the Advocate General noted in point 27 of his Opinion, since the wording of Directive 2004/38 does not include further clarification of what is meant by the expression ‘for more than one year’, it is necessary, in the second place, to provide a contextual interpretation.","paragraph_id":"para_158"},{"text":"29","paragraph_id":"para_159"},{"text":"In that regard, it must be recalled that, according to the case-law of the Court, Article 7(3) of Directive 2004/38 guarantees that all Union citizens in a position of temporary inactivity retain their status of worker and, consequently, their right to reside in the host Member State, also establish …","paragraph_id":"para_160"},{"text":"30","paragraph_id":"para_161"},{"text":"Thus, a Union citizen who has pursued an activity in an employed or self-employed capacity in the host Member State retains his or her status of worker indefinitely (i) if he or she is temporarily unable to work as the result of an illness or accident, in accordance with Article 7(3)(a) of Directive …","paragraph_id":"para_162"},{"text":"31","paragraph_id":"para_163"},{"text":"By contrast, in accordance with Article 7(3)(c) of Directive 2004/38, a Union citizen who has pursued an activity in an employed or self-employed capacity in the host Member State for a period of less than one year retains the status of worker only for a period of time which that Member State may determine, provided it is no less than six months (judgment of 11 April 2019, Tarola, C‑483/17 , EU:C:2019:309 , paragraph  45 ).","paragraph_id":"para_164"},{"text":"32","paragraph_id":"para_165"},{"text":"The finding recalled in paragraph 29 of the present judgment, that the gradation established by Article 7(3) of Directive 2004/38 with regard to the conditions for retaining the status of worker that is guaranteed to Union citizens depends on the ‘initial duration’ of the period of activity in the h …","paragraph_id":"para_166"},{"text":"33","paragraph_id":"para_167"},{"text":"That reference to the ‘first twelve months’ militates in favour of Article 7(3) of Directive 2004/38 being interpreted as meaning that the periods of employment or self-employment referred to in that provision must be single continuous periods of employment or self-employment, so that the period of ‘more than one year’ referred to in subparagraph (b) of that provision cannot be made up of several shorter periods of activity, accumulated over several years.","paragraph_id":"para_168"},{"text":"34","paragraph_id":"para_169"},{"text":"It must be added that that interpretation is also consistent with the case-law of the Court, according to which the second situation provided for in Article 7(3)(c) of Directive 2004/38 covers all situations in which a worker has been obliged, for reasons beyond his or her control, to stop working i …","paragraph_id":"para_170"},{"text":"35","paragraph_id":"para_171"},{"text":"As regards, in the third place, the objectives pursued by Directive 2004/38, it must be noted, first, that the principal objective of that directive is to strengthen the right of free movement and residence of all Union citizens and, second, that the objective specifically pursued by Article 7(3) th …","paragraph_id":"para_172"},{"text":"36","paragraph_id":"para_173"},{"text":"It must be added that Directive 2004/38 is also intended to strike a fair balance between safeguarding the free movement of Union citizens, on the one hand, and ensuring that the social security systems of the host Member State are not placed under an unreasonable burden, on the other (see, to that effect, judgment of 11 April 2019, Tarola, C‑483/17 , EU:C:2019:309 , paragraph  50 ).","paragraph_id":"para_174"},{"text":"37","paragraph_id":"para_175"},{"text":"It must be noted that, as the Advocate General stated, in essence, in points 32 and 33 of his Opinion, to interpret the expression ‘for more than one year’ as referring not to a single continuous period but to a total period of one year that may be made up of several periods of employment or self-em …","paragraph_id":"para_176"},{"text":"38","paragraph_id":"para_177"},{"text":"In particular, that interpretation could, as the Advocate General emphasised in point 33 of his Opinion, be incompatible with the distinction made in subparagraphs (b) and (c), respectively, of Article 7(3) of Directive 2004/38 as to the duration of the period during which an employed or self-employed worker retains that status, that is, depending on whether the initial duration of the period of activity in the host Member State is longer or shorter than one year.","paragraph_id":"para_178"},{"text":"39","paragraph_id":"para_179"},{"text":"Therefore, it must be concluded that the expression ‘for more than one year’ in Article 7(3)(b) of Directive 2004/38 must be interpreted as referring to a single continuous period of employment or self-employment of more than one year.","paragraph_id":"para_180"},{"text":"40","paragraph_id":"para_181"},{"text":"That interpretation, moreover, does not prevent persons whose employment or self-employment in the host Member State has been involuntarily interrupted before the initial period of one year has elapsed from qualifying for the protection which retention of their status as worker entails, since, if it …","paragraph_id":"para_182"},{"text":"41","paragraph_id":"para_183"},{"text":"In that regard, it must be added that the Court has previously held that the criterion referred to, inter alia, in Article 7(3)(c) of Directive 2004/38, enabling those concerned to know, without any ambiguity, what their rights and obligations are, is consequently such as to guarantee a significant …","paragraph_id":"para_184"},{"text":"42","paragraph_id":"para_185"},{"text":"In the light of the above considerations, the answer to the first question is that Article 7(3)(b) of Directive 2004/38 must be interpreted as meaning that the expression ‘for more than one year’ in that provision refers to a single continuous period of employment or self-employment of more than one year.","paragraph_id":"para_186"},{"text":"The second question","paragraph_id":"para_187"},{"text":"43","paragraph_id":"para_188"},{"text":"By its second question, the referring court asks, in essence, whether Article 7(3)(b) of Directive 2004/38 must be interpreted as meaning that the fact that a Union citizen residing in the territory of a Member State other than that of which he or she is a national receives an unemployment allowance …","paragraph_id":"para_189"},{"text":"44","paragraph_id":"para_190"},{"text":"As a preliminary point, it should be noted that it is apparent from the request for a preliminary ruling that the queries raised by the referring court are confined to the issue whether the fact that such a Union citizen receives an unemployment allowance from the competent national authority is suf …","paragraph_id":"para_191"},{"text":"45","paragraph_id":"para_192"},{"text":"In that regard, it must be noted that, as the Advocate General stated in point 50 of his Opinion, Directive 2004/38 does not define the term ‘duly recorded’, nor does it contain any provision concerning the criteria or procedure for ‘duly recording’ that a person is in involuntary unemployment. Howe …","paragraph_id":"para_193"},{"text":"46","paragraph_id":"para_194"},{"text":"Moreover, as may be seen from recitals 1 to 4 of Directive 2004/38, the purpose of that directive is to facilitate the exercise of the primary and individual right to move and reside freely within the territory of the Member States, which is conferred directly on citizens of the Union by Article 21( …","paragraph_id":"para_195"},{"text":"47","paragraph_id":"para_196"},{"text":"However, it is clear from both the preamble and the provisions of Directive 2004/38 that it does not seek to harmonise the granting of unemployment allowances, the procedure for granting those allowances or the criteria for establishing that the unemployment of a Union citizen is involuntary. In that situation, it is necessary to ascertain whether the national legislation concerned is such as to undermine the objectives of Directive 2004/38 or render its provisions redundant.","paragraph_id":"para_197"},{"text":"48","paragraph_id":"para_198"},{"text":"In the present case, notwithstanding the fact that, as the Advocate General noted in points 52 and 53 of his Opinion, the request for a preliminary ruling does not disclose precisely the criteria according to which the national body competent to grant the unemployment allowances at issue in the main …","paragraph_id":"para_199"},{"text":"49","paragraph_id":"para_200"},{"text":"Should it be the case, which it is for the referring court to ascertain, that the DEASP is not in fact obliged to inquire into the reasons why a person is unemployed and can grant a jobseeker’s allowance without it being established that that unemployment is ‘involuntary’ within the meaning of Artic …","paragraph_id":"para_201"},{"text":"50","paragraph_id":"para_202"},{"text":"By contrast, if, following the checks which it is required to carry out, the referring court were to find that the national body which is competent to grant the jobseeker’s allowance makes the grant of that allowance conditional upon the persons concerned being in ‘involuntary unemployment’, within …","paragraph_id":"para_203"},{"text":"51","paragraph_id":"para_204"},{"text":"Therefore, and in the absence of more specific information from the referring court as to whether, in accordance with the relevant national provisions, the national authority which is competent to issue residence cards is or is not required to take due account of the decision granting the jobseeker’ …","paragraph_id":"para_205"},{"text":"52","paragraph_id":"para_206"},{"text":"Having regard to the above considerations, the answer to the second question is that Article 7(3)(b) of Directive 2004/38 must be interpreted as meaning that the fact that a Union citizen residing in the territory of a Member State other than that of which he or she is a national receives an unemplo …","paragraph_id":"para_207"},{"text":"The third question","paragraph_id":"para_208"},{"text":"53","paragraph_id":"para_209"},{"text":"By its third question, the referring court asks, in essence, whether Directive 2004/38, read in the light of the general principle of good administration, must be interpreted as meaning that the national authority which is competent to issue residence cards is obliged to communicate its file to an a …","paragraph_id":"para_210"},{"text":"54","paragraph_id":"para_211"},{"text":"In that regard it should be noted, in the first place, that Directive 2004/38 – in particular Article 7 concerning the right of residence for more than three months, Article 10 concerning the issue of residence cards, Article 13 on retention of the right of residence by family members in the event o …","paragraph_id":"para_212"},{"text":"55","paragraph_id":"para_213"},{"text":"It must, therefore, be noted that Directive 2004/38 does not explicitly provide for a ‘duty of cooperation’ by the authorities of the Member States when determining the relevant elements of an application for a residence permit, and differs in that respect from a directive such as Council Directive …","paragraph_id":"para_214"},{"text":"56","paragraph_id":"para_215"},{"text":"It should be borne in mind, in the second place, that Article 41 of the Charter, which affirms the right to good administration and which provides, in paragraph 2, that that right includes, in particular, the right of every person to be heard, before any individual measure which would affect him or …","paragraph_id":"para_216"},{"text":"57","paragraph_id":"para_217"},{"text":"Consequently, an applicant for a residence permit cannot derive directly from Article 41(2)(a) and (b) of the Charter a right to be heard in all proceedings relating to his or her application or a right of access to the file in the context of a national procedure (see, to that effect, judgments of 17 July 2014, YS and Others, C‑141/12 and C‑372/12 , EU:C:2014:2081 , paragraph  67 , and of 5 November 2014, Mukarubega, C‑166/13 , EU:C:2014:2336 , paragraph  44 ).","paragraph_id":"para_218"},{"text":"58","paragraph_id":"para_219"},{"text":"By contrast, the right to good administration affirmed in Article 41 of the Charter reflects a general principle of EU law which is intended to apply to the Member States when they implement that law (see judgment of 13 July 2023, Azienda Ospedale-Università di Padova, C‑765/21 , EU:C:2023:566 , paragraph  43 and the case-law cited).","paragraph_id":"para_220"},{"text":"59","paragraph_id":"para_221"},{"text":"It must be added, first, that the right of access to the file is, in particular, the necessary corollary of the effective exercise of the rights of the defence (judgment of 13 September 2018, UBS Europe and Others, C‑358/16 , EU:C:2018:715 , paragraph  61 and the case-law cited), and that when the a …","paragraph_id":"para_222"},{"text":"60","paragraph_id":"para_223"},{"text":"Second, in the context of judicial proceedings, respect for the rights of the defence guaranteed in Article 47 of the Charter means that an applicant must be able not only to ascertain the reasons upon which the decision taken in relation to him or her is based, but also to have access to all the ma …","paragraph_id":"para_224"},{"text":"61","paragraph_id":"para_225"},{"text":"In the present case, it is apparent from the request for a preliminary ruling that the decision at issue in the main proceedings was taken pursuant to the 2015 Regulations, which transposed Directive 2004/38 into Irish law. Since the 2015 Regulations implement EU law, the requirements stemming from …","paragraph_id":"para_226"},{"text":"62","paragraph_id":"para_227"},{"text":"It must be added that the situation at issue in the main proceedings is characterised by the fact, on the one hand, that the applicant is seeking to obtain a derived right of residence on the basis of information which is not in his possession, because it relates to another person, his former spouse …","paragraph_id":"para_228"},{"text":"63","paragraph_id":"para_229"},{"text":"If, as the referring court seems to consider, the only means by which the applicant can obtain that information is to request access to the file relating to him, it must be held that national procedural rules which, de facto, place the applicant in a situation in which it is impossible for him to es …","paragraph_id":"para_230"},{"text":"64","paragraph_id":"para_231"},{"text":"Admittedly, in the present case the information in question, which is already in the applicant’s file, does not relate directly to the applicant but concerns his former spouse; accordingly, the protection of the confidentiality of that information could be undermined.","paragraph_id":"para_232"},{"text":"65","paragraph_id":"para_233"},{"text":"In that regard, it is settled case-law that fundamental rights do not constitute unfettered prerogatives and may be restricted, provided that the restrictions in fact correspond to objectives of general interest pursued by the measure in question and that they do not involve, in the light of the obj …","paragraph_id":"para_234"},{"text":"66","paragraph_id":"para_235"},{"text":"Such restrictions may, in particular, be designed to protect requirements of confidentiality or professional secrecy, which are liable to be infringed by access to certain information and certain documents (see judgment of 13 September 2018, UBS Europe and Others, C‑358/16 , EU:C:2018:715 , paragraph  63 and the case-law cited).","paragraph_id":"para_236"},{"text":"67","paragraph_id":"para_237"},{"text":"Accordingly, the right of access to the file may be limited on the basis of a weighing up of, on the one hand, the general principle of good administration and the right to an effective remedy of the person concerned and, on the other, the interests relied on in order to justify the non-disclosure o …","paragraph_id":"para_238"},{"text":"68","paragraph_id":"para_239"},{"text":"However, that weighing up cannot lead to the rights of defence of the person concerned being deprived of all effectiveness and to that person’s right to an effective remedy under Article 47 of the Charter being rendered meaningless, in particular by the failure to inform him or her or, as the case m …","paragraph_id":"para_240"},{"text":"69","paragraph_id":"para_241"},{"text":"In a situation such as that at issue in the main proceedings, it is therefore for the national authority which is competent to issue the residence card or, as the case may be, for the national court before which an action in connection with the issuing of such a card has been brought, to take accoun …","paragraph_id":"para_242"},{"text":"70","paragraph_id":"para_243"},{"text":"In the light of the above, the answer to the third question is that Directive 2004/38, read in the light of the general principle of good administration, and of the right to an effective judicial remedy affirmed in Article 47 of the Charter, must be interpreted as meaning that the national authority …","paragraph_id":"para_244"},{"text":"Costs","paragraph_id":"para_245"},{"text":"71","paragraph_id":"para_246"},{"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_247"},{"text":"On those grounds, the Court (First Chamber) hereby rules:","paragraph_id":"para_248"},{"text":"1.","paragraph_id":"para_249"},{"text":"Article 7(3)(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","paragraph_id":"para_250"},{"text":"must be interpreted as meaning that the expression ‘for more than one year’ in that provision refers to a single continuous period of employment or self-employment of more than one year.","paragraph_id":"para_251"},{"text":"2.","paragraph_id":"para_252"},{"text":"Article 7(3)(b) of Directive 2004/38","paragraph_id":"para_253"},{"text":"must be interpreted as meaning that the fact that a Union citizen residing in the territory of a Member State other than that of which he or she is a national receives an unemployment allowance from that Member State is not, as such, to be regarded, by the authority of that Member State which is competent to issue residence cards, as constituting adequate proof that that person is in ‘duly recorded’ involuntary unemployment within the meaning of that provision.","paragraph_id":"para_254"},{"text":"3.","paragraph_id":"para_255"},{"text":"Directive 2004/38, read in the light of the general principle of good administration, and of the right to an effective judicial remedy affirmed in Article 47 of the Charter of Fundamental Rights of the European Union,","paragraph_id":"para_256"},{"text":"must be interpreted as meaning that the national authority which is competent to issue residence cards is obliged to communicate its file, if necessary in suitably redacted form, to an applicant who is a third-country national, or to his or her representative, before making a decision relating to th …","paragraph_id":"para_257"},{"text":"Biltgen","paragraph_id":"para_258"},{"text":"Ziemele","paragraph_id":"para_259"},{"text":"Kumin","paragraph_id":"para_260"},{"text":"Gervasoni","paragraph_id":"para_261"},{"text":"Bošnjak","paragraph_id":"para_262"},{"text":"Delivered in open court in Luxembourg on 12 March 2026.","paragraph_id":"para_263"},{"text":"A. Calot Escobar","paragraph_id":"para_264"},{"text":"Registrar","paragraph_id":"para_265"},{"text":"F. 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