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Baumbast e R v. Secretary of State for the Home Department, Case C-413/99, CJEU, 17 September 2002.


Right of the children of a migrant worker to continue their studies in the host Member State. Free movement of persons. 

Normative references

Regulation (EEC) no. 1612/68 of the Council of 15 October 1968 on the free movement of workers within the Community. 

Direttiva 90/364/CEE del Consiglio, del 28 giugno 1990, relativa al diritto di soggiorno.


    The child of a citizen of the European Union established in a Member State, in which the parent makes use of the right of residence as a migrant worker in that Member State, has the right to reside in that State in order to attend courses there of teaching in accordance with art. 12 of regulation no. 1612/68, concerning the free movement of workers within the European Community (now the EU). This also applies when the marriage between the parents of the child in question has been dissolved. Therefore, the fact that only one of the parents is a citizen of the European Union and that that parent is no longer a migrant worker in the host Member State or the fact that the children are not themselves citizens of the European Union are completely irrelevant.