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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

    SL 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)

    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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