Case C-202/13: Judgment of the Court (Grand Chamber) of 18 December 2014 (request for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) United Kingdom) — The Queen, on the application of Sean Ambrose McCarthy, Helena Patricia McCarthy Rodriguez, Natasha Caley McCarthy Rodriguez v Secretary of State for the Home Department (Citizenship of the European Union — Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of a Member State — Right of entry — Third-country national who is a family member of a Union citizen and in possession of a residence card issued by a Member State — National legislation requiring an entry permit to be obtained prior to entry into national territory — Article 35 of Directive 2004/38/EC — Article 1 of the 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)
Date: 2014-12-18
Institutions: Court of Justice
Subjects: EU visa policy, European citizenship, Ireland, United Kingdom, family, foreign national, freedom of movement








C_2015065EN.01000502.xml










23.2.2015   


EN


Official Journal of the European Union


C 65/5





Judgment of the Court (Grand Chamber) of 18 December 2014 (request for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) United Kingdom) — The Queen, on the application of Sean Ambrose McCarthy, Helena Patricia McCarthy Rodriguez, Natasha Caley McCarthy Rodriguez v Secretary of State for the Home Department
(Case C-202/13) (1)

((Citizenship of the European Union - Directive 2004/38/EC - Right of citizens of the Union and their family members to move and reside freely within the territory of a Member State - Right of entry - Third-country national who is a family member of a Union citizen and in possession of a residence card issued by a Member State - National legislation requiring an entry permit to be obtained prior to entry into national territory - Article 35 of Directive 2004/38/EC - Article 1 of the 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))
(2015/C 065/07)
Language of the case: English

Referring court

High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)

Parties to the main proceedings


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

Defendant: Secretary of State for the Home Department

Operative part of the judgment

Both Article 35 of 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 and Article 1 of the 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 must be interpreted as not permitting a Member State to require, in pursuit of an objective of general prevention, family members of a citizen of the European Union who are not nationals of a Member State and who hold a valid residence card, issued under Article 10 of Directive 2004/38 by the authorities of another Member State, to be in possession, pursuant to national law, of an entry permit, such as the EEA (European Economic Area) family permit, in order to be able to enter its territory.


(1)  OJ C 189, 29.6.2013.