CELEX: 62016CN0165
Language: en
Date: 2016-03-21 00:00:00
Title: Case C-165/16: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 21 March 2016 — Toufik Lounes v Secretary of State for the Home Department

30.5.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 191/17
            
         Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) (United Kingdom) made on 21 March 2016 — Toufik Lounes v Secretary of State for the Home Department
   (Case C-165/16)
   (2016/C 191/21)
   Language of the case: English
   
      Referring court
   
   High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
   
      Parties to the main proceedings
   
   
      Applicant: Toufik Lounes
   
      Defendant: Secretary of State for the Home Department
   
      Question referred
   
   Where a Spanish national and Union citizen:
   
               i.
            
            
               moves to the United Kingdom, in the exercise of her right to free movement under Directive 2004/38/EC (1); and
            
         
               ii.
            
            
               resides in the United Kingdom in the exercise of her right under Article 7 or Article 16 of Directive 2004/38/EC; and
            
         
               iii.
            
            
               subsequently acquires British citizenship, which she holds in addition to her Spanish nationality, as a dual national; and
            
         
               iv.
            
            
               several years after acquiring British citizenship, marries a third country national with whom she resides in the United Kingdom;
            
         are she and her spouse both beneficiaries of Directive 2004/38/EC, within the meaning of Article 3(1), whilst she is residing in the United Kingdom, and holding both Spanish nationality and British citizenship?
   
      (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 L 158, p. 77