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Ermira Bajratari v. Secretary of State for the Home Department, Case C-93/18, CJEU, 2 October 2019

Abstract

Application of the legislation on the free movement of persons to a Union citizen who is a minor in the territory of a Member State as long as he has sufficient economic resources. Prohibition of discrimination.

Normative references

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.
 

Ruling

Art. 7 of Directive 2004/38 / EC of ​​29 April 2004, relating to the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, must be interpreted as meaning that a citizen of the Union a minor has sufficient economic resources so that it does not become an excessive burden for the social assistance system of the host Member State during the period of stay, even when these resources come from the income deriving from the illegal work carried out by his father, a citizen of a third state who does not have a residence permit and a work permit in the Member State in question.