Source: All England Reporter
Publisher Citation: [2017] All ER (D) 126 (Nov)
Court: Court of Justice of the European Union (Grand Chamber)

Judges Lenaerts (President), Tizzano (Rapporteur and Vice-President), Silva de Lapuerta, Ilešic, da Cruz Vilaça, Malenovsky, Levits, Fernlund and Vajda (Presidents of Chambers), Bonichot, Arabadjiev, Rodin, Biltgen, Jürimäe and Lycourgos

Judgment Dates: 14 November 2017


European Union - Freedom of movement - Persons

The Case

European Union Freedom of movement. A citizen of the European Union who: (i) had exercised his freedom of movement by moving to and residing in a member state other than that of which he was a national, under or of Directive (EC) 2004-38; (ii) had then acquired the nationality of that member state, while also retaining his nationality of origin; and (iii) several years later, had married a third-country national with whom he continued to reside in that member state, that third-country national did not have a derived right of residence in the member state in question on the basis of that directive. However, the Court of Justice of the European Union held that such a third-country national was eligible for a derived right of residence under art 21(1) of the Treaty on the Functioning of the European Union.

Practice Areas

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