Iida v Stadt Ulm

Subject Matter

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

(Case C-40/11); EU:C:2012:691; [2013] Fam 121; [2013] 2 WLR 788; [2014] All ER (EC) 619; [2012] WLR (D) 315, ECJ