Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/10/2019

Subject: The Court affirmed that Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States is applicable to a decision to expel a third-country national on the ground that that person no longer has a right of residence under the directive in a situation where the third-country national concerned married a Union citizen at a time when that citizen was exercising his right to freedom of movement by moving to and residing with that third-country national in the host Member State and, subsequently, the Union citizen returned to the Member State of which he is a national. It follows that the relevant safeguards laid down in Articles 30 and 31 of Directive 2004/38 are applicable when such an expulsion decision is adopted and it is not possible, under any circumstances, for such a decision to impose a ban on entry into the territory

Parties: Chenchooliah

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

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