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European Observer on fundamental right's respect

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Case Law C-244/13 (10/07/2014)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/10/2014

Subject: According to the Court, Directive 2004/38/EC must be interpreted as meaning that a third-country national who, during a continuous period of five years before the transposition date for that directive, has resided in a Member State as the spouse of a Union citizen working in that Member State, must be regarded as having acquired a right of permanent residence under that provision, even though, during that period, the spouses decided to separate and commenced residing with other partners, and the home occupied by that national was no longer provided or made available by his spouse with Union citizenship.

Parties: Ewaen Fred Ogieriakhi

Classification: Citizens’ rights - Art. 45 Freedom of movement - Freedom of residence

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