EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62018CN0094
Case C-94/18: 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: 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: Reference for a preliminary ruling from High Court (Ireland) made on 12 February 2018 — Nalini Chenchooliah v Minister for Justice and Equality
OJ C 152, 30.4.2018, p. 15–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
30.4.2018 |
EN |
Official Journal of the European Union |
C 152/15 |
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)
(2018/C 152/17)
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
|
1. |
Where the spouse of an EU citizen who has exercised free movement rights under Article 6 of Directive 2004/38/EC (1) 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? |
|
2. |
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).