On Thursday, 24 September 2026, the First Chamber of the Court of Justice of the European Union (“CJEU”) heard the final outstanding infraction case against the United Kingdom in Case C-892/24 Commission v. United Kingdom.
The case involves two separate sets of infraction proceedings relating to the implementation of the Free Movement Directive (Directive 2004/38/EC). The first, commenced in 2011, raises a plea concerning whether other family members may rely on the right to facilitation under Article 3(2) of the Directive where they are already present in the host State and cannot demonstrate dependency in the state from which they have come.
The second set of infraction proceedings, commenced in 2020, raises four pleas relating to the conditions for seeking facilitation as another family member; the duration of the need to demonstrate dependency, the position of retirees seeking work, and whether the UK has imposed an automatic entry ban in cases involving an abuse of rights.
The applications in both cases were made in 2024. The UK raised a number of admissibility objections as well as defending the application substantively.
The Advocate General is expected to deliver their Opinion on 17 December 2026.
These joined cases are the final set of infraction proceedings brought against the UK arising from its former membership of the EU. The four-year time limit for bringing infraction proceedings has now expired, and there are no further cases awaiting hearing.
David Blundell KC and Julia Smyth KC advised the UK on its response to the applications and represented it in all stages of the written procedure. David Blundell KC represented the UK at the hearing in Luxembourg.