The Law Reports (Family Division)
[2013] Fam 121
Court of Justice of the European Union
Iida
v
Stadt Ulm
(Case C-40/11)
2012 March 22;
May 15;
Nov 8
Acting President of Chamber R Silva de Lapuerta, Judges K Lenaerts, E Juhász, T von Danwitz, D Šváby Advocate General V Trstenjak
European Union— Citizenship— Right to reside— Third country national obtaining residence permit for family reunion in Germany with German wife and child— Wife and child moving to Austria and couple separating— Husband and wife continuing to hold and exercise joint parental responsibility— Husband’s application for “residence card of a family member of a Union citizen” refused— Whether husband “family member” of Union citizen— Whether entitled as “beneficiary” to right of residence in Union citizen’s state of origin— Whether capable of deriving rights from Union citizen’s status pursuant to primary European Union law— Whether application showing connection with implementation of European Union law and requiring assessment on basis of fundamental rights—
FEU Treaty
, arts 20FEU, 21FEU
—
Charter of Fundamental Rights of the European Union
, art 51
—
Parliament and Council Directive 2004/38/EC, arts 2, 3