Brussels, 17/07/2015 (Agence Europe) - If an EU citizen leaves the member state where he/she has been living with his/her spouse before divorce proceedings are opened, that citizen may not retain the right to remain in that country, the Court of Justice of the EU ruled on Thursday 16 July (case C-218/14).
In this case, the Court was called on to untangle a legal problem which results from two provisions which, in certain specific circumstances, prove to be inconsistent with Directive 2004/38/EC on the rights of EU citizens and their family members to move and reside freely within the territory of the member states.
The judges ultimately came to the same conclusion as the Advocate General in an opinion delivered in May (see EUROPE 11310). Thus, where divorce proceedings are started and the marriage has lasted for at least three years before the commencement of the divorce proceedings, including at least one year in the host member state, the foreign spouse may, subject to certain conditions, retain the right of residence in that state, both during the divorce proceedings and after the decree of divorce.
The key point in this case is that the foreign national is resident in the state as the spouse of an EU citizen on the date of commencement of divorce proceedings. If this is not so and proceedings are opened after the EU national has left the host state where his/her foreign spouse resides, the spouse's right of residence in that state cannot be retained.
The Court noted, however, that, in such cases, national law may grant more extensive protection to nationals of third countries, so as to allow them none the less to continue to reside in the member state concerned. (Jan Kordys)