# C_2013189EN.01000602.xml

| 29.6.2013 | EN | Official Journal of the European Union | C 189/6 |
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29.6.2013

EN

Official Journal of the European Union

C 189/6

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Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) made on 17 April 2013 — Sean Ambrose McCarthy, Helena Patricia McCarthy Rodriguez, Natasha Caley McCarthy Rodriguez v Secretary of State for the Home Department

(Case C-202/13)

2013/C 189/12

Language of the case: English

Referring court

Referring court

High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)

Parties to the main proceedings

Parties to the main proceedings

Applicants: Sean Ambrose McCarthy, Helena Patricia McCarthy Rodriguez, Natasha Caley McCarthy Rodriguez

Applicants:

Defendant: Secretary of State for the Home Department

Defendant:

Questions referred

Questions referred

| 1. | Does Article 35 of Directive 2004/38/EC (1) on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (‘the Directive’) entitle a Member State to adopt a measure of general application to refuse, terminate, or withdraw the right conferred by Article 5(2) of the Directive exempting non-national EU family members who are holders of residence cards issued pursuant to Article 10 of the Directive (‘residence card holders’) from visa requirements? |
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1.

Does Article 35 of Directive 2004/38/EC (1) on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (‘the Directive’) entitle a Member State to adopt a measure of general application to refuse, terminate, or withdraw the right conferred by Article 5(2) of the Directive exempting non-national EU family members who are holders of residence cards issued pursuant to Article 10 of the Directive (‘residence card holders’) from visa requirements?

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| 2. | Can Article 1 of Protocol No. 20 on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland entitle the United Kingdom to require residence card holders to have an entry visa which must be obtained prior to arrival at the frontier? |
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2.

Can Article 1 of Protocol No. 20 on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland entitle the United Kingdom to require residence card holders to have an entry visa which must be obtained prior to arrival at the frontier?

| 3. | If the answer to question 1 or question 2 is yes, is the United Kingdom’s approach to residence card holders in the present case justifiable, having regard to the evidence summarized in the referring court’s judgment? |
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3.

If the answer to question 1 or question 2 is yes, is the United Kingdom’s approach to residence card holders in the present case justifiable, having regard to the evidence summarized in the referring court’s judgment?

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(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

1

OJ L 158, p. 77

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