Legal interpretation of the judgment in the Clauder case
On 26 July 2011 the EFTA Court rendered its judgment in the case Arnulf Clauder (E-4/11). The Danish Ministry of Justice has determined the scope of the judgment for Danish practice regarding family reunification with Union citizens, EEA nationals or Swiss nationals who have acquired permanent residency in Denmark in a memorandum of 14 August 2012.
The judgment in the Clauder case concerns the conditions in regard to family reunification with an EU/EEA citizen or Swiss citizen who has acquired permanent residency in the host Member State according to the EU directive 2004/38 on the right to free movement of persons. The Clauder judgment
Legal interpretation of the judgment
The Danish Ministry of Justice has determined the scope of the judgment in a memorandum of 14 August 2012.
The memorandum Juridisk fortolkningsnotat om Clauer-dommen (E-4/11)
As a consequence of the judgment of the EFTA-court in the Clauder case (E-4/11) the right to family reunification for a Union citizen or EEA national or Swiss citizen with a permanent right of residence according to the EU rules can no longer be conditioned on meeting the criteria in the EU Residence Order Section 8, paragraph 1 and Sections 9-12. This includes the condition of support. Family reunification for such persons continues to be subject to the requirements in Section 2 of the EU Residence Order.
The Clauder judgment takes effect from the entry into force of the interpreted rule. In the Clauder judgment the EFTA court interprets the directive on the right to free movement of persons (directive 2004/38/EC) article 16, paragraph 1. This interpretation should thus be used from the deadline for implementing the directive in national law 30 April 2006.
If an application for family reunification with a Union citizen or EEA national or Swiss citizen with a permanent right of residence in contravention with the Clauder judgment has been denied after
30 April 2006, it is possible to apply to have the case reopened.
Further information concerning reopening of cases