Case C-434/09 McCarthy v Secretary of State for the Home Department

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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

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

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

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