Ms McCarthy, a national of the United Kingdom, was also a national of Ireland. She was born in the United Kingdom and had always resided there, without ever having exercised her right to move and reside freely within the territory of other EU Member States. Following her marriage to a Jamaican national, Ms McCarthy obtained an Irish passport and applied … Read More
Case C-434/09 McCarthy v Secretary of State for the Home Department
| Respondent/Defendant: | Secretary of State for the Home Department |
| Court/s: | ECJ |
| Citation/s: | Case C-434/09 |
| Nature of Proceedings: | Article 234 Reference |
| Judgment Date/s: | 05 May 2011 |
| Judge: | Court of Justice of the European Union |
| Category: | EU Treaty Rights |
| Keywords: | EU Treaty Rights, Family Member, Free Movement, Freedom of Movement (Right to), Nationality, Residence Permit, Third-Country National, Union Citizen |
| Country of Origin: | United Kingdom and Ireland |
| URL: | http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?isOldUri=true&uri=CELEX:62009CJ0434 |
| Geographic Focus: | Europe |
| References: | Case C-34/09 Ruiz Zambrano v. Office National de l'Emploi |
| Principles: | EU citizens who have never exercised their right of free movement cannot invoke Union citizenship to regularise the residence of their non-EU spouse. Where such persons are not deprived of their right to move and reside within the territory of the Member States, their situation has no connection with European Union law |