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Document 62024CN0560

Case C-560/24, Besthame: Reference for a preliminary ruling from Court of Appeal (Ireland) made on 19 August 2024 – R.S. v Minister for Justice

OJ C, C/2024/6914, 25.11.2024, ELI: http://data.europa.eu/eli/C/2024/6914/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/C/2024/6914/oj

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Official Journal
of the European Union

EN

C series

C/2024/6914

25.11.2024

Reference for a preliminary ruling from Court of Appeal (Ireland) made on 19 August 2024 – R.S. v Minister for Justice

(Case C-560/24, Besthame  (1) )

(C/2024/6914)

Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings

Applicant: R.S.

Defendant: Minister for Justice

Question referred

1.

Does Directive 2004/38/EC (2) apply to a person who previously obtained the benefit of derived residence in a Member State by virtue of being a spouse of an EU national exercising Treaty rights in the host State but who has more recently become a citizen in the host State and is no longer the beneficiary of any derived benefit in the host State under the Directive, solely for the purpose of investigating and (if appropriate) making a determination or reaching a conclusion that he engaged in a fraud or abuse of rights and/or a marriage of convenience in the past within the meaning of Article 35 of the Directive in order to obtain a benefit under the Directive?

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any of the parties to the proceedings.

(2)  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.

ELI: http://data.europa.eu/eli/C/2024/6914/oj

ISSN 1977-091X (electronic edition)

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