AIT The ECJ did not consider the provisions of Article 3(2) of Directive 2004/38/EC, which deals with other family members, in Case C-127/08 Metock, BAILII: [2008] EUECJ C-127/08, which was concerned with a spouse. Metock has no direct relevance to the interpretation of Article 3(2). It has not overruled KG and AK (Sri Lanka) v SSHD [2008] EWCA Civ 13, which remains good law on the meaning of that Article and its relationship with regulation 8 of the Immigration (European Economic Area) Regulations 2006. Nor does Metock overrule the whole of Case C-109/01 Akrich [2003] ECR I-9607; the court having only concluded (at paragraph 58) that paragraphs 50 and 51 of Akrich needed to be reconsidered.
[2008] UKAIT 00075
Bailii
England and Wales
Updated: 16 August 2021; Ref: scu.277836 br>