Case summaries
The refusal to grant a right of residence to a third-country national who is a family member of a Union citizen must not lead in fact to the obligation for the latter to leave the territory not only of the Member State of which he is a national but also that of the Union as a whole.
The Family Reunification Directive does not make a distinction between whether a family relationship arose before or after the entry of the resident into the Member State. An application for family reunification may not be refused where the sponsor, the resident within EU territory, has proved that he has stable and regular resources which are sufficient to maintain himself and the members of his family, but who, given the level of his resources, will, nevertheless, be entitled to claim special assistance in order to meet exceptional, individually determined, essential living costs, tax refunds, or income-support measures.
The provisions of Article 29(1)(b) of the Legislative Decree of 25 July 1998, No 286, which allow reunification with adult children to take place under stricter conditions than those relating to underage children or dependent parents, are consistent with the Constitution.
The European Parliament sought the annulment of Article 4(1), Article 4(6) and Article 8 of the Family Reunification Directive, as being incompatible with the right to respect for family life and non-discrimination based on age.
The Court found that these provisions created a limited margin of appreciation for Member States which was no greater than that allowed for in ECtHR case law, and could be exercised compatibly with fundamental rights.