Chavez-Vilchez and others v Raad van bestuur van de Sociale verzekeringsbank and others C-133/15 , [2017] All ER (D) 104 (May)
The Court of Justice of the European Union gave a preliminary ruling in which it decided, among other things, that Art 20 of the Treaty on the Functioning of the European Union should be interpreted as meaning that for the purposes of assessing whether a child who was an EU citizen would be compelled to leave the territory of the EU as a whole and thereby deprived of the genuine enjoyment of the substance of the rights conferred on him by that Art if the child’s third-country national parent was refused a right of residence in the member state concerned, the fact that the other parent, who was an EU citizen, was actually able and willing to assume sole responsibility for the primary day-to-day care of the child was a relevant factor, but it was not in itself a sufficient ground for a conclusion that there was not, between the third-country national parent and the child, such a relationship of dependency that the child would indeed be so compelled were there to be such a refusal of a right of residence.
