30.5.2016

Official Journal of the European Union

C 191/17

(Case C-165/16)

(2016/C 191/21)

Language of the case: English

Referring court

Parties to the main proceedings

Applicant: Toufik Lounes

Defendant: Secretary of State for the Home Department

Question referred

Where a Spanish national and Union citizen:

i.moves to the United Kingdom, in the exercise of her right to free movement under Directive 2004/38/EC; and

ii.resides in the United Kingdom in the exercise of her right under Article 7 or Article 16 of Directive 2004/38/EC; and

iii.subsequently acquires British citizenship, which she holds in addition to her Spanish nationality, as a dual national; and

iv.several years after acquiring British citizenship, marries a third country national with whom she resides in the United Kingdom;

are she and her spouse both beneficiaries of Directive 2004/38/EC, within the meaning of Article 3(1), whilst she is residing in the United Kingdom, and holding both Spanish nationality and British citizenship?

* Language of the case: English.

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