JUDGMENT OF 15. 9. 2015 — CASE C-67/14
ALIMANOVIC
23
Paragraph 3 of the Law on freedom of movement, relating to family members, states:
‘(1) Family members of the Union citizens specified in Paragraph 2(2), points 1 to 5, shall enjoy the
right under Paragraph 2(1) if they are accompanying or joining the Union citizen. For family members
of the Union citizens specified in Paragraph 2(2), point 5, this shall apply subject to Paragraph 4.
(2) The following are family members:
1.
the spouse and the descendants of the persons specified in Paragraph 2(2), points 1 to 5 and 7, or
of their spouses, who are not yet 21 years old,
2.
the relatives in the ascending line and descendants of the persons specified in Paragraph 2(2),
points 1 to 5 and 7, or of their spouses, whom those persons or their spouses maintain.
...’
24
Paragraph 5 of the Law on freedom of movement, on residence permits and the certificate concerning
the right of permanent residence, provides as follows:
‘(1) A certificate attesting the right of residence shall be issued automatically and immediately to
Union citizens and to their family members holding the nationality of a Member State of the
European Union and authorised to move freely within the territory of the Member States.
...
(3) The competent aliens office may require that the conditions for the right under Paragraph 2(1) be
substantiated within three months following entry into federal territory. Information and evidence
necessary for substantiation may be received by the competent registration authority at the time of
registration with it. That authority shall forward the information and evidence to the competent aliens
office. ...
...’
The dispute in the main proceedings and the questions referred for a preliminary ruling
25
Nazifa Alimanovic, born in 1966, and her children, Sonita, Valentina and Valentino, born in 1994, 1998
and 1999 respectively, are all Swedish nationals. Ms Alimanovic was born in Bosnia whereas her
children were all born in Germany.
26
The request for a preliminary ruling states that the Alimanovic family left Germany in 1999 for Sweden
and returned to Germany in June 2010, although neither their exact departure date nor the reason for
that absence are stated.
27
On 1 July 2010, the members of the Alimanovic family were issued with a certificate attesting the right
of permanent residence in accordance with Paragraph 5 of the Law on freedom of movement. After
her return to Germany, Ms Alimanovic and her daughter Sonita, who were fit for work within the
meaning of the German legislation, worked between June 2010 and May 2011 in temporary jobs
lasting less than a year.
ECLI:EU:C:2015:597
9