News
23.01.2012
The processing of cases affected by the judgment from the EFTA Court in case E-4/11, Clauder
The judgment of the EFTA Court of 26th July 2011 in case E-4/11, Clauder, concerns the conditions in regards to family reunification with an EU/EEA 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.
It is the assessment of the Ministry of Justice that the judgment may affect the Danish practice regarding family reunification with EU/EEA citizens or Swiss nationals who have acquired permanent residency in Denmark.
Until the final interpretation of the judgment is determined, it has been decided not to refuse applications for registration or residence certificate under the EU directive 2004/38 from family members to EU/EEA citizens or Swiss nationals who have acquired permanent residency in Denmark.
The immigration authorities will contact any relevant applicants/complainants in cases affected by the judgment by the EFTA Court in the Clauder case, whose applications for registration or residence certificate have been refused in the period from 26th July 2011 and until the suspension of the processing of such cases. The immigration authorities will inform such persons that the judgment in the Clauder case may change the assessment of their case, and that the immigration authorities will get back to them when the final interpretation of the judgment is determined.
If an applicant/complainant is of the opinion that his/her case regarding family reunification is affected by the Clauder case, he/she can request the immigration authorities to suspend or resume the case.