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Case C-130/24, Stadt Wuppertal: Judgment of the Court (Tenth Chamber) of 8 May 2025 (request for a preliminary ruling from the Verwaltungsgericht Düsseldorf – Germany) – YC v Stadt Wuppertal (Reference for a preliminary ruling – Citizenship of the Union – Article 20 TFEU – Right to move and reside freely in the territory of the Member States – Derived right of residence of a third-country national who has a dependent minor child with status of citizen of the Union – Relationship of dependency – Nature of a derived right of residence – Point at which the derived right of residence arises – Obligation to obtain a visa subsequently in a third country)
ECLI:EU:UNKNOWN:62024CA0130
62024CA0130
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Official Journal of the European Union
C series
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C/2025/3384
(Case C-130/24,
(1)
Stadt Wuppertal)
(Reference for a preliminary ruling - Citizenship of the Union - Article 20 TFEU - Right to move and reside freely in the territory of the Member States - Derived right of residence of a third-country national who has a dependent minor child with status of citizen of the Union - Relationship of dependency - Nature of a derived right of residence - Point at which the derived right of residence arises - Obligation to obtain a visa subsequently in a third country)
(C/2025/3384)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: YC
Defendant: Stadt Wuppertal
Operative part of the judgment
Article 20 TFEU must be interpreted as meaning that the derived right of residence enjoyed, on the basis of that provision, by a third-country national who is a family member of a Union citizen flows directly from EU law, with the result that the residence permit issued on that basis by the competent national authorities does not have the nature of a measure giving rise to rights.
Article 20 TFEU must be interpreted as meaning that the derived right of residence enjoyed, on the basis of that provision, by a third-country national who is a family member of a Union citizen arises not at the time when the application for recognition of such a right of residence is submitted, but from the time when the relationship of dependency between that national and that Union citizen arises.
Article 20 TFEU must be interpreted as precluding national legislation which makes recognition of the derived right of residence enjoyed, on the basis of that provision, by a third-country national who is a family member of a Union citizen, subject to the condition that that national must subsequently be issued with a visa in that third country.
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(1) OJ C C/2024/3157.
ELI: http://data.europa.eu/eli/C/2025/3384/oj
ISSN 1977-091X (electronic edition)
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