In Case E-23/24, AO and IM – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Immigration Appeals Board (Utlendingsnemnda), concerning the interpretation of Article 7(1)(b) of Directive 2004/38/EC, and in particular whether an EEA national and her family member may be considered to have sufficient resources within the meaning of that provision even if all the resources stem from income of a third-country national, the Court, composed of Páll Hreinsson, President, Bernd Hammermann and Michael Reiertsen (Judge-Rapporteur), Judges, gave judgment on 11 March 2025, the operative part of which is as follows:

For the purposes of assessing whether an EEA national possesses sufficient resources within the meaning of Article 7(1)(b) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, account must be taken of all resources available to that EEA national, regardless of their origin and whether they were provided in whole or in part by a third-country national.