CJEU - C 87/12 / Judgment Ymeraga

Key facts of the case:
  1. This request for a preliminary ruling concerns the interpretation of Article 20 TFEU.
  2. The request has been made in proceedings between Mr Kreshnik Ymeraga, Mr Kasim Ymeraga and Mrs Afijete Ymeraga-Tafarshiku (‘Mr and Mrs Ymeraga’) and Mr Kushtrim and Mr Labinot Ymeraga (the parents and brothers respectively of the first applicant) and the ministre du Travail, de l’Emploi et de l’Immigration (the Minister for Labour, Employment and Immigration) (‘the Minister’) concerning the Minister’s decision refusing to grant Mr and Mrs Ymeraga, Mr Kushtrim Ymeraga and Mr Labinot Ymeraga a right of residence in Luxembourg and ordering them to leave Luxembourg.
Results (sanctions) and key consequences of the case:
 
The Court (Second Chamber) hereby rules:
 
Article 20 TFEU must be interpreted as not precluding a Member State from refusing to allow a third-country national to reside in its territory, where that third-country national wishes to reside with a family member who is a European Union citizen residing in the Member State of which he holds the nationality and has never exercised his right of freedom of movement as a Union citizen, provided such refusal does not lead, for the Union citizen concerned, to the denial of the genuine enjoyment of the substance of the rights conferred by virtue of his status as a Union citizen.
Paragraphs referring to EU Charter: 

 

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