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Case Law C-673/16 (11/01/2018)

Type: Opinions of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/11/2018

Subject: According to the Advocate General, the term ‘spouse’ includes, in the light of the freedom of residence of citizens of the EU and their family members, spouses of the same sex. Although Member States are free to authorise marriage between persons of the same sex or not, they may not impede the freedom of residence of an EU citizen by refusing to grant his or her spouse of the same sex, a national of a non-EU country, a right of permanent residence in their territory

Parties: Coman e a.

Classification: Freedoms - Art. 7 Privacy - Equality - Art. 21 Non discrimination - Citizens’ rights - Art. 45 Freedom of residence

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