(Opinion) Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Article 2(2)(a) – Concept of ‘spouse’ – Right of citizens of the Union to move and reside within the territory of the Union – Marriage between persons of the same sex – Marriage not recognised by the host State – Article 3 – Concept of ‘[other] family members’ – Article 7 – Right of residence for more than three months – Articles 7 and 21 of the Charter of Fundamental Rights of the European Union
The word ‘spouse’ in article 2(1)(a) must be given an autonomous meaning and applies to a third country national of the same sex as the citizen of the European Union to whom he or she is married.
Advocate General Wathelet
[2018] EUECJ C-673/16 – O, ECLI:EU:C:2018:2
Bailii
European
Citing:
Request – Coman and Others v Inspectoratul General Pentru Imigrari and Others ECJ 17-Mar-2017
Citizenship of the Union – Fundamental rights – Freedom of establishment – Principles, objectives and tasks of the Treaties : Application . .
Cited by:
Opinion – Coman and Others v Inspectoratul General Pentru Imigrari and Others ECJ 5-Jun-2018
Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Directive 2004/38/EC – Article 3 – Beneficiaries – Family members of the . .
Cited – SM (Algeria) v Entry Clearance Officer, UK Visa Section SC 14-Feb-2018
The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been . .
Lists of cited by and citing cases may be incomplete.
Family, Human Rights
Updated: 04 January 2022; Ref: scu.654513