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CJEU Case C-434/09 / Opinion

Shirley McCarthy v Secretary of State for the Home Department

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Opinion of Advocate General
Decision date:
Key facts of the case:
Reference for a preliminary ruling: Supreme Court of the United Kingdom - United Kingdom.
Freedom of movement for persons - Article 21 TFEU - Directive 2004/38/EC - ‘Beneficiary’ - Article 3(1) - National who has never made use of his right of free movement and has always resided in the Member State of his nationality - Effect of being a national of another Member State - Purely internal situation.
Outcome of the case:

n light of the foregoing considerations, I suggest that the Court should answer the request for a preliminary ruling as follows:

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.