23In that regard, the Court has previously acknowledged, in certain cases, that third-country nationals, family members of a Union citizen, who were not eligible, on the basis of Directive 2004/38, for a derived right of residence in the Member State of which that citizen is a national, could, nevertheless, be accorded such a right on the basis of Article 21(1) TFEU (judgment of 14 November 2017, Lounes, C‑165/16, EU:C:2017:862, paragraph 46).
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