Official Journal of the European Union

EN

C series

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C/2025/1221

3.3.2025

(Case C-892/24)

(C/2025/1221)

Language of the case: English

Parties

Applicant: European Commission (represented by: E. Montaguti, B.-R. Killmann and J. Tomkin, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:

—declare that the United Kingdom has failed to fulfil its obligations under Articles 45 and 49 of the Treaty on the Functioning of the European Union as well as under Articles 3(2)(a), 5, 6, 7(3)(b) and (c), 15(3), 23 and 35 of Directive 2004/38/EC (1) 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.

—order United Kingdom to pay the costs.

Pleas in law and main arguments

The Commission maintains that national rules which governed the conditions of entry and residence of mobile EU citizens, that were in force in the United Kingdom up to and during the transition period established by the Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community (2), have had – and may continue to have – a negative impact on the rights of EU citizens and their family members.

The claims cover the conditions under which dependent family members of EU citizens may enjoy rights in the United Kingdom; the conditions under which formerly economically active mobile EU citizens are able to retain their status as workers or self-employed persons; and the approach to defining and sanctioning conduct as an abuse of rights.

* Language of the case: English.

ELI: http://data.europa.eu/eli/C/2025/1221/oj

ISSN 1977-091X (electronic edition)

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(1) OJ 2004, L 158, p. 77.

(2) OJ 2020, L 29, p. 7.

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