The Court of Appeal of Brussels, seized by the Court of Cassation of the decision of the Court of Appeal of Gant of 16 June 2016, considered that, on the basis of the criteria of the Montevideo Convention, Palestine must be considered as a sovereign State under international law. Therefore, considering that the applicant has sufficient connection with the State of Palestine, the Brussels Court of Appeal concluded that the claimant is not a stateless person.
interpretation of the second subparagraph of Article 27(2), Article 28(1) and Article 28(3)(a) 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