EFTA Court Finds Norway's Interpretation of Residence Rights Breaches EEA Law

The EFTA Court has ruled that Norway's interpretation and application of residence rights under Directive 2004/38/EC are in breach of EEA law. The case involved a Norwegian citizen whose third-country national spouse was denied residence rights upon their return to Norway after living in another EEA state.

The Court found that Norway's legal provisions and administrative practices failed to comply with the directive, which guarantees residence rights for EEA nationals with sufficient resources and health insurance. This decision highlights the necessity for Norway to align its national laws and practices with EEA obligations concerning residence rights.

The ruling may prompt legislative and administrative changes to ensure compliance with EEA law, affecting similar cases involving residence rights of third-country nationals married to EEA citizens.

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