Judgment_paragraph 40 · K.A. and Others v Belgische Staat (C-82/16)

40Second, the referring court adds that, in each of the seven joined cases in the main proceedings, the Belgian citizen concerned has never exercised his right to freedom of movement within the European Union. Consequently, the third-country national family members of the Belgian citizens concerned cannot claim a derived right of residence either under Directive 2004/38 or under Article 21 TFEU (see, to that effect, judgment of 10 May 2017, Chavez-Vilchez and Others, C‑133/15, EU:C:2017:354, paragraphs 52 to 54).