CJCE despre dreptul sotului (resortisant al unui stat tert) al unui cetean UE de a rezida in Uniune. Cauza C-127/08, Metock/Minister for Justice, Equality and Law Reform

Scriam anterior despre actiunea preliminara si despre ce se va putea intampla. Solutia pare simpla insa ar putea ridica probleme in viitor.

Asadar, hotararea aici EN, FR, RO.

Cititi in EuObserver.

Dispozitivul suna astfel:

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 [...] precludes legislation of a Member State which requires a national of a non-member country who is the spouse of a Union citizen residing in that Member State but not possessing its nationality to have previously been lawfully resident in another Member State before arriving in the host Member State, in order to benefit from the provisions of that directive.

2.      Article 3(1) of Directive 2004/38 must be interpreted as meaning that a national of a non-member country who is the spouse of a Union citizen residing in a Member State whose nationality he does not possess and who accompanies or joins that Union citizen benefits from the provisions of that directive, irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State.