Official Journal of the European Union

C 355/11

(Case C-423/12)

2012/C 355/19

Language of the case: Swedish

Referring court

Parties to the main proceedings

Applicant: Flora May Reyes

Defendant: Migrationsverket

Questions referred

1.Can Article 2(2)(c) of Directive 2004/38 (1) be interpreted as meaning that a Member State, on certain conditions, can require a direct descendant who is 21 years old or older — in order to be regarded as dependent and thus come within the definition of a family member under Article 2(2)(c) of Directive 2004/38 — to have tried to obtain employment, help with supporting himself from the authorities of his country of origin and/or otherwise support himself but that that has not been possible?

2.In interpreting the term ‘dependent’ in Article 2(2)(c) of Directive 2004/38, does any significance attach to the fact that a relative — due to personal circumstances such as age, education and health — is deemed to be well placed to obtain employment and in addition intends to start work in the Member State, which would mean that the conditions for him to be regarded as a relative who is a dependant under the provision are no longer met?

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 (Text with EEA relevance) (OJ 2004 L 158, p. 77).

* * *

Language of the case: Swedish

ECLI:EU:C:2012:355