CJEU - C 434/09 / Opinion Shirley McCarthy v Secretary of State for the Home Department

Key facts of the case:
 
A national of UK holding also the nationality of Ireland but having never been established outside the UK aimed to rely on her Irish nationality so that her husband, a third country national, could benefit from the provisions of Directive 2004/38 granting residence rights to family members of Union citizens surpassing what is granted under purely domestic law to relatives of UK subjects.
 
Results (sanctions) and key consequences of the case:
 
Where a Union citizen is a national of two Member States of the European Union but has always lived in only one of those two States, she cannot claim a right of residence under Directive 2004/38/EC in that State.