Judgment of the Court (Grand Chamber) of 8 March 2011 (reference for a preliminary ruling from the Tribunal du travail de Bruxelles - Belgium) - Gerardo Ruiz Zambrano v Office national de l'emploi (ONEM)
(Citizenship of the Union - Article 20 TFEU - Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the Member States - Grant, in the same circumstances, of a derived right of residence, to an ascendant relative, a third country national, upon whom the minor child is dependent - Consequences of the right of residence of the minor child on the employment law requirements to be fulfilled by the third-country national ascendant relative of that minor)
Language of the case: French
Referring court
Tribunal du travail de Bruxelles
Parties to the main proceedings
Applicant: Gerardo Ruiz Zambrano
Defendant: Office national de l'emploi (ONEM)
Re:
Reference for a preliminary ruling - Tribunal du travail de Bruxelles - Interpretation of Articles 12, 17 and 18 of the Treaty establishing the European Community, in conjunction with the provisions of Articles 21, 24 and 34 of the Charter of Fundamental Rights - Grant of right of residence to a European Union citizen on the territory of the Member State of which that citizen is a national, irrespective of the previous exercise by him of his right of free movement? - Grant, in the same circumstances, of a derived right of residence, to an ascendant relative, a third country national, upon whom the minor child is dependent
Operative part of the judgment
Article 20 TFEU is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.
____________1 - OJ C 90, 18.4.2009.