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Document 62009CN0434

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

IO C 11, 16.1.2010, p. 18–19 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
05/11/2009
Date lodged:
05/11/2009
Author:
An Chúirt Bhreithiúnais
Form:
Faisnéis bhreithiúnach
Authentic language:
Béarla
Type of procedure:
Tarchur le haghaidh réamhrialú
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Select all documents mentioning this document
Case affecting:
  • request for interpretation 32004L0038 airteagal 16
  • request for interpretation 32004L0038 airteagal 3
  • request for interpretation 32004L0083 airteagal 7
Link

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

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