Source: All England Reporter
Publisher Citation: [2012] All ER (D) 174 (Oct)
Court: Court of Justice of the European Union (Grand Chamber)

Judges Skouris, President, Lenaerts, Vice-President, Tizzano (Rapporteur), Ilešic, Malenovsky, Presidents of Chambers, Borg Barthet, Lõhmus, Bonichot, Toader, Kasel, Safjan

Judgment Dates: 16 October 2012


European Union - Citizenship - Freedom to reside and move freely within territory of member states - Slovak Republic refusing President of Hungary access to Slovak territory - Whether Slovakia thereby infringing European Union law - Whether Slovakia abusively applying EU law - Directive 2004/38, arts 27, 30 - Treaty on the Functioning of the European Union, art 21.

The Case

European Union Citizenship. The Court of Justice of the European Union dismissed the action brought by the Hungary against the Slovak Republic alleging infringement of European Union law in circumstances where the Slovak Republic had prohibited the President of Hungary from entering Slovak territory. The Court decided that although the President of Hungary was an EU citizen, in the instant case, he had been performing the duties of Head of State with the result that neither art 21 of the Treaty on the Functioning of the European Union nor Directive 2004-38 of the European Parliament and of the Council (on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states) had obliged the Slovak Republic to guarantee access to its territory to him.

Practice Areas

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