Court of Justice (Third Chamber) 8 November 2012, C‑40/11 (Yoshikazu Iida v Stadt Ulm.)

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In Case C-40/11, the Court of Justice (Third Chamber) addressed whether a third-country national (a Japanese national residing in Germany) could derive a right of residence in his child's and spouse's Member State of origin under Directive 2004/38/EC, Directive 2003/109/EC, or Articles 20 and 21 TFEU, where his Union citizen family members had exercised free movement by relocating to another Member State (Austria) without him accompanying or joining them. The Court held that Directive 2004/38 confers derived residence rights on third-country national family members only in the host Member State to which the Union citizen has moved, and not in the Member State of origin, since the applicant neither accompanied nor joined his family members there; Directive 2003/109 was inapplicable as the applicant had withdrawn his long-term resident status application. The Court ruled that, outside the situations governed by Directive 2004/38 and absent any other connection with EU citizenship provisions sufficient to threaten the genuine enjoyment of Union citizenship rights, a third-country national cannot claim a derived right of residence from a Union citizen, and the Charter of Fundamental Rights was inapplicable as the refusal did not constitute implementation of EU law within the meaning of Article 51 of the Charter.AI