Opinion of the Advocate General — ECLI:EU:C:2019:433
Date: 2019-05-21
Language of the case: English
Subject matter: Citizenship of the Union;Right of entry and residence
Procedure: Reference for a preliminary ruling
Origin: Ireland

Reference for a preliminary ruling from High Court (Ireland) made on 12 February 2018 – Nalini Chenchooliah v Minister for Justice and Equality (Case C-94/18) Language of the case: English Referring court High Court (Ireland) Parties to the main proceedings Applicant: Nalini Chenchooliah Defendant: Minister for Justice and Equality Questions referred Where the spouse of an EU citizen who has exercised free movement rights under Article 6 of Directive 2004/38/EC1 has been refused a right of residence under Article 7 on the basis that the EU citizen in question was not, or was no longer, exercising EU Treaty Rights in the host Member State concerned, and where it is proposed that the spouse should be expelled from that Member State, must that expulsion be pursuant to and in compliance with the provisions of the Directive, or does it fall within the competence of the national law of the Member State? If the answer to the above question is that the expulsion must be made pursuant to the provisions of the Directive, must the expulsion be made pursuant to and in compliance with the requirements of Chapter VI of the Directive, and particularly Articles 27 and 28 thereof, or may the Member State, in such circumstances, rely on other provisions of the Directive, in particular Articles 14 and 15 thereof? ____________ 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 (OJ 2004, L 158, p. 77).