23.11.2013

Official Journal of the European Union

C 344/21

(Case C-86/12) (<span class="super">1</span>)

(Citizenship of the Union - Articles 20 TFEU and 21 TFEU - Directive 2004/38/EC - Right of residence of a third-country national who is a direct relative in the ascending line of Union citizens who are minor children - Union citizens born in a Member State other than that of which they are nationals and who have not made use of their right of freedom of movement - Fundamental rights)

2013/C 344/35

Language of the case: French

Referring court

Parties to the main proceedings

Applicants: Adzo Domenyo Alokpa, Jarel Moudoulou, Eja Moudoulou

Defendant: Ministre du Travail, de l’Emploi et de l’Immigration

Re:

Request for a preliminary ruling — Cour administrative — Interpretation of Article 20 TFEU and of Articles 20, 21, 24, 33 and 34 of the Charter of Fundamental Rights — Refusal by a Member State to grant a right of residence to a third-country national who is the direct ascendant of infants who are citizens of the European Union, with the nationality of one of the Member States, and for whom he or she has sole responsibility — No shared family life with another direct ascendant of the children, who is resident in another Member State — Scope of the refusals to allow residence, to grant a residence permit and to grant a work permit — Implications for the genuine enjoyment of the rights attaching to the status of citizen of the Union

Operative part of the judgment

In a situation such as that at issue in the main proceedings, Articles 20 TFEU and 21 TFEU must be interpreted as meaning that they do not preclude a Member State from refusing to allow a third-country national to reside in its territory, where that third-country national has sole responsibility for her minor children who are citizens of the European Union, and who have resided with her in that Member State since their birth, without possessing the nationality of that Member State and making use of their right to freedom of movement, in so far as those Union citizens do not satisfy the conditions set out in 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, or such a refusal does not deprive those citizens of effective enjoyment of the substance of the rights conferred by virtue of the status of European Union citizenship, a matter which is to be determined by the referring court.

(<span class="super">1</span>) OJ C 138, 12.5.2012.