Court of Justice 13 February 2025, C-397/23 (FL v Jobcenter Arbeitplus Bielefeld.)

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The Advocate General's opinion addresses the compatibility of German national rules with EU law regarding the right of residence for a Union citizen (FL) exercising parental responsibility for a child who is not a national of the host country. The opinion suggests that the German legislation, which restricts residence permits based on the child's nationality, may create discriminatory effects contrary to the principles of non-discrimination and equal treatment enshrined in EU law. Ultimately, the Advocate General indicates that such national rules could infringe upon the rights of Union citizens under Article 18 TFEU and Directive 2004/38/EC.AI

European Union · · · 13-02-2025

OPINION OF ADVOCATE GENERAL RICHARD DE LA TOUR delivered on 13 February 2025 ( 1 ) Case C‑397/23 FL v Jobcenter Arbeitplus Bielefeld other party: Stadt Bielefeld (Request for a preliminary ruling from the Sozialgericht Detmold (Social Court, Detmold, Germany)) (Reference for a preliminary ruling – Free movement of persons – Union citizen with a right of residence as a jobseeker – Article 18 TFEU

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