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DOI: 10.5553/EELC/187791072022007003019

European Employment Law CasesAccess_open
Rulings

ECJ 15 September 2022, case C-22/21 (Minister for Justice and Equality (Ressortissant de pays tiers cousin d’un citoyen de l’Union)), Work and residence permit

SRS, AA – v – Minister for Justice and Equality Irish case
Keywords Work and residence permit, Juridisch, Arbeidsrecht, Europees recht (EU Recht)
DOI 10.5553/EELC/187791072022007003019
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, "ECJ 15 September 2022, case C-22/21 (Minister for Justice and Equality (Ressortissant de pays tiers cousin d’un citoyen de l’Union)), Work and residence permit", European Employment Law Cases, 3, (2022):155-155
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    The concept of ‘any other family members who are members of the household of the Union citizen having the primary right of residence’ in point (a) of the first subparagraph of Article 3(2) of Directive 2004/38/EC refers to persons who have a relationship of dependence with that citizen, based on close and stable personal ties, forged within the same household, in the context of a shared domestic life going beyond a mere temporary cohabitation entered into for reasons of pure convenience.

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    • Summary

      The concept of ‘any other family members who are members of the household of the Union citizen having the primary right of residence’ in point (a) of the first subparagraph of Article 3(2) of Directive 2004/38/EC refers to persons who have a relationship of dependence with that citizen, based on close and stable personal ties, forged within the same household, in the context of a shared domestic life going beyond a mere temporary cohabitation entered into for reasons of pure convenience.

    • Question

      How must the concept of ‘any other family members who are members of the household of the Union citizen having the primary right of residence’, referred to in point (a) of the first subparagraph of Article 3 (2) of Directive 2004/38 be interpreted, so as to clarify the criteria which are to be taken into consideration in that respect?

    • Ruling

      Point (a) of the first subparagraph of Article 3(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, must be interpreted as meaning that: the concept of ‘any other family members who are members of the household of the Union citizen having the primary right of residence’, mentioned in that provision, refers to persons who have a relationship of dependence with that citizen, based on close and stable personal ties, forged within the same household, in the context of a shared domestic life going beyond a mere temporary cohabitation entered into for reasons of pure convenience.


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