CJEU recently made a Judgment in Case C-754/18.
What practical implications it may have to family members of EU citizens according to EU 2004/38/EC.
The first point made by CJEU is that a permanent residence card according to Article 20 is at least equivalent to residence card according to Article 10.
Honestly, to claim otherwise is very stupid and I remember that European Commision already said it years before. Finally, there is a final argument to this topic.
The second point, for me much more interesting, is that CJEU decided that once a status as a family member of EU citizen according to EU 2004/38/EC is proven in one member state then a border guard is not allowed to question the status (unless there is an misuse or fraud).
From my experience, the police is very restrictive regarding Article 3/1 Beneficiaries of EU 2004/38/EC "a family member who is accompanying or joining the EU citizen".
Firstly, the police does not even know the EU law. Then, they demand an absolute proof of accompanying or joining according to Article 3/1.
Do I understand right that this police practise is over? The CJEU said clearly that a residence card according to Article 10 or 20 proves the status and police cannot further question it.
From Judgement:"In the light of the foregoing considerations, the answer to the third question must be that Article 20 of Directive 2004/38 must be interpreted as meaning that possession of the residence card referred to in that article constitutes sufficient proof that the holder of that card is a family member of a Union citizen, so that the person concerned is entitled, without further verification or justification being necessary, to enter the territory of a Member State exempt from the visa requirement under Article 5(2) of that Directive."
Does the Judgement mean that border guards are forbidden to further question a status of a family member of EU citizen according to EU 2004/38/EC if such family member identifies itself with a residence card according to Article 10 or 20 of EU 2004/38/EC?