Judgment of the Court (Second Chamber) of 8 May 2013 (request for a preliminary ruling from the Cour administrative (Luxembourg)) – Kreshnik Ymeraga, Kasim Ymeraga, Afijete Ymeraga-Tafarshiku, Kushtrim Ymeraga, Labinot Ymeraga v Ministre du Travail, de l’Emploi et de l’Immigration

(Case C-87/12) ¹

(Citizenship of the Union – Article 20 TFEU – Right of residence of third-country nationals who are family members of a Union citizen who has not exercised his right of freedom of movement – Fundamental rights)

Language of the case: French

Referring court

Cour administrative

Parties to the main proceedings

Applicants: Kreshnik Ymeraga, Kasim Ymeraga, Afijete Ymeraga-Tafarshiku, Kushtrim Ymeraga, Labinot Ymeraga

Defendant: Ministre du Travail, de l’Emploi et de l’Immigration

Re:

Request for a preliminary ruling – Cour administrative – Interpretation of Article 20 TFEU and Articles 20, 21, 24, 33 and 34 of the Charter of Fundamental Rights – Citizenship of the Union – Right to family reunification for a citizen of the European Union for the benefit of family members who are third-country nationals, where that person has not actually exercised the right of freedom of movement and does not have a right to reside in a Member State other than that of which he holds the nationality

Operative part of the judgment

Article 20 TFEU must be interpreted as not precluding a Member State from refusing to allow a third-country national to reside in its territory, where that third-country national wishes to reside with a family member who is a European Union citizen residing in the Member State of which he holds the nationality and has never exercised his right of freedom of movement as a Union citizen, provided such refusal does not lead, for the Union citizen concerned, to the denial of the genuine enjoyment of the substance of the rights conferred by virtue of his status as a Union citizen.

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¹ OJ C 138, 12.5.2012.