For the purpose of this question, assume the law is as it stood on 31 December 2020.

Joe, a French national, is passionate about exotic gardens and royal history, and applies to the French government to legally change his name to 'King Joe'. After changing his name in February 2021, he meets and falls in love with David, an American national who is studying law at Maastricht University, and King Joe decides to move to the Netherlands to be with him. Upon arriving in the Netherlands in March 2021, King Joe plans to open a garden center specializing in seasonal exotic plans, called 'Four Seasons Exotic Garden Centre'. He convinces David to put his law degree on hold to instead help him with the Garden Centre. King Joe applies for a business license to operate the 'Four Seasons Exotic Garden Centre' but is refused, as (1) in the Netherlands it is illegal for anyone except the Monarch to use the title 'King or Queen' and so his name cannot be registered on any official document; (2) it is a legal requirement that anyone operating a garden centre to have a qualification in horticulture (or equivalent) which King Joe does not have; and (3) King Joe speaks Dutch with a French accent which would make it difficult for consumers to understand the care instructions for their exotic plants. In the process of appeal against the decision not to grant him a licence, King Joe receives further bad news. The Dutch Ministry of the Interior issues a deportation order against David as he is no longer in the Netherlands on a study visa, as he has withdrawn from his course and intends to work for King Joe. The Ministry states that David is not a family member of King Joe and so cannot rely on his EU law rights.

Advise King Joe and David as to their rights under EU Law. N.B.

You should not consider the application of domestic Dutch immigration law.

Subject: EU Law

Country:UK