Metock Case - Commentary


The effect of Metock is much enhanced by Eind and Singh, which confirmed that returning migrants continue to enjoy the family reunification rights they enjoyed while residing in another member state. This has led to the so-called Europe route (nl) whereby a national of a member state circumvents national restrictions on family reunification by taking up residence in another member state, thus exercising his right of free movement and subsequently relying on his right to family reunification under the Citizenship Directive 2004/38 on his return. A number of member states have claimed this amounts to an abuse of free movement, but in Akrich the Court ruled that taking up residence in another member state expressly to gain Community rights is not an abuse.

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