Facts: Mr Coman, who held Romanian and American citizenship, and Mr Hamilton, an American citizen, met in New York in June 2002 and lived there together from May 2005 to May 2009. Mr Coman then took up residence in Brussels in order to work at the European Parliament as a parliamentary assistant, while Mr Hamilton continued to live in New … Read More
Coman v Inspectoratul General pentru Imigrări
| Respondent/Defendant: | Inspectoratul General pentru Imigrări |
| Court/s: | ECJ |
| Citation/s: | ECLI:EU:C:2018:385 |
| Nature of Proceedings: | Preliminary reference |
| Judgment Date/s: | 05 Jun 2018 |
| Judge: | Lenaerts K. |
| Category: | EU Treaty Rights |
| Keywords: | Charter of Fundamental Rights of the European Union, EU Treaty Rights, Family Member, Free Movement, Third-Country National, Union Citizen |
| Country of Origin: | Romania, America |
| URL: | http://curia.europa.eu/juris/liste.jsf?num=C-673/16 |
| Geographic Focus: | Europe |
| Principles: | Where a Union citizen has made use of his freedom of movement by moving to and taking up genuine residence, in accordance with the conditions laid down in Article 7(1) of Directive 2004/38/EC in a Member State other than that of which he is a national, and, whilst there, has created or strengthened a family life with a third-country national of the same sex to whom he is joined by a marriage lawfully concluded in the host Member State, Member States may not refuse to grant that third-country national a right of residence on the basis that the law of that Member State does not recognise marriage between persons of the same sex. A third-country national of the same sex as a Union citizen whose marriage to that citizen was concluded in a Member State in accordance with the law of that state has the right to reside in the territory of the Member State of which the Union citizen is a national for more than three months. That derived right of residence cannot be made subject to stricter conditions than those laid down in Article 7 of Directive 2004/38. |