Ryanair Designated Activity Company V. Országos Rendőr ...

Date 18/06/2020 Type Judgment Case number C-754/18 Link Judgment CURIA

Thematic areas

Ethnic pluralism

Advocate General

Maciej Szpunar

President

Alexandra Prechal

Body

Court of Justice of the European Union

Keywords

Free movement of personsPrivate and family life

Areas

Minors and family

Country

Hungary

Rapporteur

Jiří Malenovský

Abstract

Right of entry in a Member State of a citizen of a third country, family member of a citizen of the Union. Free movement of persons.

Normative references

Directive 2004/38 / EC, of ​​29 April 2004, on the right of Union citizens and their family members to move and reside freely within the territory of the Member States. 

Ruling

1. Art. 5, 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 possession of the card residence exempts a person who is not a citizen of a Member State, but who is a family member of a citizen of the Union and who holds such a card, from the obligation to obtain a visa to enter the Member States. Furthermore, art. 20 of this directive exempts the family member of a Union citizen who holds it from the obligation to obtain a visa when this card has been issued by a member state not belonging to the Schengen area. 2. Art. 20 of Directive 2004/38 must be interpreted as meaning that possession of the residence card constitutes sufficient proof that (its) holder has the status of family member of a Union citizen, so that the interested party is entitled, without that a verification is necessary, to enter a Member State being exempted from the visa requirement by virtue of art. 5 of that directive.

Related

Mary Carpenter v. Secretary of State for the Home Department, Case C-60/00, CJEU, 11 July 2002 Judgment

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