A Japanese citizen has a valid residence permit in Germany, the country of origin of his daughter and wife.
When the family decides to move to Vienna he claims his right to stay in Germany referring to his familiy members‘ right of free movement as EU citizens (Directive 2004/38) and his right to full enjoyment of family rights (Article 7 of the Charter).
Are Charter rights applicable in this case?
In Iida vs. Ulm the CJEU made clear that:
The purpose of enabling family members of EU citizens to enjoy the free movement within the EU is to accompany or join their family.
The purely hypothetical prospect of exercising the right of freedom of movement does not establish a sufficient connection with European Union law to justify the application of that law’s provisions.
The Court does not determine any connection with EU law in this case and therefor also states that Charter rights are not applicable.next