Request for a preliminary ruling from the Østre Landsret (Denmark) lodged on 2 May 2017 — Érdem Deha Altiner, Isabel Hanna Ravn v Udlændingestyrelsen (Danish Immigration Service)

(Case C-230/17)

Language of the case: Danish

Referring court

Østre Landsret

Parties to the main proceedings

Applicant: Érdem Deha Altiner, Isabel Hanna Ravn

Defendant: Udlændingestyrelsen

Questions referred

Does Article 21 of the Treaty on the Functioning of the European Union, read in conjunction and by analogy with the Free Movement Directive ¹ preclude a Member State from refusing to grant a derived right of residence to a third-country national who is a family member of a Union citizen who is a national of that Member State and who has returned to that Member State after having exercised his or her right of free movement, where the family member does not enter the Member State’s territory or submit an application for a right of residence as a natural extension of the Union citizen’s return?

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¹ Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).