Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/25/2008

Subject: The Court affirmed that the right of a national of a non-member country who is a family member of a Union citizen toaccompany or join that citizen cannot be made conditional on prior lawful residence in another Member State. The Court considered that its judgment in the Akrich case, in which it ruled that, in order to benefit from the rights of entry into and residence in a Member State, the non-Community spouse of a Union citizen must be lawfully resident in a Member State when she/he moves to another Member State in the company of a Union citizen, must be reconsidered. Finally, the Court concluded that a non-Community spouse of a Union citizen who accompanies or joins that citizen can benefit from the directive 2004/38/EC, irrespective of when and where their marriage took place and of how that spouse entered the host Member State.

Parties: Metock e.a. / Minister for Justice, Equality and Law Reform

Classification:

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