## Facts

- The case concerned several third-country nationals who were family members of Belgian citizens.
- These Belgian citizens had previously exercised their right to free movement by residing in other EU Member States before returning to Belgium.
- The third-country national family members applied for residence permits in Belgium.
- Belgian authorities rejected these applications, arguing the EU citizens had not established sufficient ties in the host Member State prior to their return.
- The dispute focused on the interpretation of Article 13(2)(b) of Directive 2004/38/EC, regarding derivative residence rights for family members of EU citizens returning to their Member State of origin.

## Issues

1. Whether Article 13(2)(b) of Directive 2004/38/EC requires the EU citizen to have established sufficient or prior ties in a host Member State for their third-country national family members to qualify for derivative residence rights upon returning to their Member State of origin.
2. Whether imposing such a requirement undermines the objectives of Directive 2004/38/EC concerning family reunification and the free movement of persons.

## Decision

- The CJEU held that Article 13(2)(b) does not require the EU citizen to have become settled or established prior ties in the host Member State before returning.
- The Court found that imposing such a condition would create an obstacle to the exercise of free movement rights and discourage EU citizens from returning to their home country.
- It clarified that the purpose of the provision is to facilitate family reunification and protect the right to family life, not to create additional barriers to residence for family members.
- The judgment removed a potential obstacle for third-country nationals seeking derivative residence rights upon the EU citizen's return to their home Member State.

## Legal Principles

- Article 13(2)(b) of Directive 2004/38/EC should be interpreted to support family reunification and not hinder the free movement of EU citizens.
- Requirements not expressly stated in the Directive, such as establishing prior ties in a host Member State, may not be imposed as prerequisites for derivative residence rights.
- The CJEU reaffirmed that the effectiveness of the Free Movement Directive relies on preventing obstacles to returning EU citizens and their family members.
- The judgment supports a consistent and coherent application of EU law on derivative residence rights across Member States.

## Conclusion

The CJEU clarified that Article 13(2)(b) of Directive 2004/38/EC does not require EU citizens to have established prior ties in a host Member State for their third-country national family members to qualify for derivative residence rights upon return, strengthening the principle of family reunification and the effective exercise of free movement within the EU.

KA v Belgische Staat (C-82/16), ECLI:EU:C:2018:308