Operative part of "O v The Netherlands (Case C-456/12)" judgment Please see below the operative part of the judgment: "Article 21(1) TFEU must be interpreted as meaning that where a Union citizen has created or strengthened a family life with a third-country national during genuine residence, pursuant to and in conformity with the conditions set out in Article 7(1) and (2) and Article 16(1) and (2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, in a Member State other than that of which he is a national, the provisions of that directive apply by analogy where that Union citizen returns, with the family member in question, to his Member State of origin.Therefore, the conditions for granting a derived right of residence to a third-country national who is a family member of that Union citizen, in the latter’s Member State of origin, should not, in principle, be more strict than those provided for by that directive for the grant of a derived right of residence to a third-country national who is a family member of a Union citizen who has exercised his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national."
What it means? We can derive the following points from the detailed judgment: 1. In order for there to be an unlawful obstacle to derived right of residence for non EEA Family Member, the family life must have been genuinely created or strengthened during his residence in the Host EU country [paragraph 51] 2. A residence of three months is required in line with the Article 7(1) and (2) [paragraph 54] 3. The genuine residence of the EEA citizen and of the Non EEA family member, in the host EU country, creates a derived right of residence for the Non EEA national family member with whom that citizen lived as a family in the host EU country. This derived right of residence is created on the EEA citizen’s return to his own EU country of origin. This means that a citizen of the EU can rely on this right even if he is not a worker or self employed. [paragraph 56] 4. The scope of EU law cannot be extended to cover abuses. Proof of such an abuse requires, first, a combination of objective circumstances in which, despite formal observance of the conditions laid down by the EU rules, the purpose of those rules has not been achieved, and, secondly, a subjective element consisting in the intention to obtain an advantage from the European Union rules by artificially creating the conditions laid down for obtaining it. [paragraph 58] 5. Short periods of residence such as weekends or holidays do not satisfy the conditions [paragraph 59]