CELEX: 62009CN0434
Language: en
Date: 2009-11-05 00:00:00
Title: Case C-434/09: Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 5 November 2009 — Shirley McCarthy v Secretary of State for the Home Department

16.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 11/18
            
         Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 5 November 2009 — Shirley McCarthy v Secretary of State for the Home Department
   (Case C-434/09)
   2010/C 11/30
   Language of the case: English
   
      Referring court
   
   Supreme Court of the United Kingdom
   
      Parties to the main proceedings
   
   
      Applicant: Shirley McCarthy
   
      Defendant: Secretary of State for the Home Department
   
      Questions referred
   
   
               1.
            
            
               Is a person of dual Irish and United Kingdom nationality who has resided in the United Kingdom for her entire life a ‘beneficiary’ within the meaning of Article 3 of Directive 2004/38/EC (1) of the European Parliament and of the Council (‘the Directive’)?
            
         
               2.
            
            
               Has such a person ‘resided legally’ within the host Member State for the purpose of Article 16 of the Directive in circumstances where she was unable to satisfy the requirements of Article 7 of Directive 2004/38/EC?
            
         
      (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