Judgment_paragraph 34 · S. v Minister voor Immigratie, Integratie en Asiel and Minister voor Immigratie, Integratie en Asiel v G (C-457/12)

34However, as is apparent from paragraphs 37 to 43 of the judgment delivered today in Case C‑456/12 O. and B., Directive 2004/38 grants an autonomous right of residence to a Union citizen and a derived right of residence to his family members only where that citizen exercises his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national. Directive 2004/38 does not therefore confer a derived right of residence on third‑country nationals who are family members of a Union citizen in the Member State of which that citizen is a national.