CELEX: 62008CN0127
Language: en
Date: 2008-03-25 00:00:00
Title: Case C-127/08: Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 25 March 2008 — Blaise Baheten Metock, Hanette Eugenie Ngo Ikeng, Christian Joel Baheten, Samuel Zion Ikeng Baheten, Hencheal Ikogho, Donna Ikogho, Roland Chinedu, Marlene Babucke Chinedu, Henry Igboanusi, Roksana Batkowska v Minister for Justice, Equality and Law Reform

9.5.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 116/19
            
         Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 25 March 2008 — Blaise Baheten Metock, Hanette Eugenie Ngo Ikeng, Christian Joel Baheten, Samuel Zion Ikeng Baheten, Hencheal Ikogho, Donna Ikogho, Roland Chinedu, Marlene Babucke Chinedu, Henry Igboanusi, Roksana Batkowska v Minister for Justice, Equality and Law Reform
   (Case C-127/08)
   (2008/C 116/34)
   Language of the case: English
   Referring court
   High Court of Ireland
   Parties to the main proceedings
   
      Applicants: Blaise Baheten Metock, Hanette Eugenie Ngo Ikeng, Christian Joel Baheten, Samuel Zion Ikeng Baheten, Hencheal Ikogho, Donna Ikogho, Roland Chinedu, Marlene Babucke Chinedu, Henry Igboanusi, Roksana Batkowska
   
      Defendant: Minister for Justice, Equality and Law Reform
   Questions referred
   
               1.
            
            
               Does Directive 2004/38/EC (1) permit a Member State to have a general requirement that a non-EU national spouse of a Union citizen must have been lawfully resident in another Member State prior to coming to the host Member State in order that he or she be entitled to benefit from the provisions of Directive 2004/38/EC.
            
         
               2.
            
            
               Does article 3(1) of Directive 2004/38/EC include within its scope of application a non-EU national who is:
               
                           (i)
                        
                        
                           a spouse of a Union citizen who resides in the host Member State and satisfies a condition in article 7(1)(a), (b) or (c) and
                        
                     
                           (ii)
                        
                        
                           is then residing in the host Member State with the Union citizen as his/her spouse
                        
                     irrespective of when or where their marriage took place or when or how the non-EU national entered the host Member State.
            
         
               3.
            
            
               If the answer to the preceding question is in the negative does article 3(1) of Directive 2004/38/EC include within its scope of application a non-EU national spouse of a Union citizen who is:
               
                           (i)
                        
                        
                           a spouse of a Union citizen who resides in the host Member State and satisfies a condition in article 7(1)(a), (b) or (c); and
                        
                     
                           (ii)
                        
                        
                           resides in the host Member State with the Union citizen as his/her spouse; and
                        
                     
                           (iii)
                        
                        
                           has entered the host Member State independently of the Union citizen; and
                        
                     
                           (iv)
                        
                        
                           subsequently married the Union citizen in the host Member State.
                        
                     
         
      (1)  OJ L 158, p. 77.