Report 2011 - EFTA Court

situations Directive 2004/38 allows Member States to set the
requirement of sufficient resources.
45. As regards (i), that is a personal right of residence of the family
member, the Netherlands Government notes that Directive
2004/38 confers upon the family member a personal right
of residence if the conditions of Article 7(1)(a), (b) or (c) are
satisfied by the family member himself. This means that if the
family member qualifies as a worker or self-employed person, the
person concerned can rely upon Article 7(1)(a) to claim a right of
residence. Family members who are not economically active, on
the other hand, have a right of residence on the basis of Article
7(1)(b) or (c) if they have sufficient resources and comprehensive
sickness insurance cover in the host Member State.
46. Turning to (ii), that is, a derived right of residence as a family
member, the Netherlands Government notes that only where
the EU citizen himself does not satisfy the conditions of Article
7(1)(a), (b) or (c) of Directive 2004/38 does the question arise
whether a right of residence can be derived from the status as
a family member of an EU citizen holding a right of permanent
residence in the host State. The Netherlands Government
observes further that a family member has a derived right of
residence on the basis of Article 7(1)(d) of the Directive if the
family member is accompanying or joining an EU citizen who
satisfies the conditions in Article 7(1)(a), (b) or (c).
47. The Netherlands Government contends that the standard
conditions for a derived right of residence laid down in Article
7(1)(d) of the Directive also apply if the EU citizen has obtained
a right of permanent residence in the host State. it observes that
Article 16(1) and Article 17 explicitly concern family members
who are already residing in the host Member State, and that
neither Article, nor any other provision in the Directive, explicitly
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