9.5.2008

Official Journal of the European Union

C 116/19

(Case C-127/08)

(2008/C 116/34)

Language of the case: English

Referring court

Parties to the main proceedings

Applicants: Blaise Baheten Metock, Hanette Eugenie Ngo Ikeng, Christian Joel Baheten, Samuel Zion Ikeng Baheten, Hencheal Ikogho, Donna Ikogho, Roland Chinedu, Marlene Babucke Chinedu, Henry Igboanusi, Roksana Batkowska

Defendant: Minister for Justice, Equality and Law Reform

Questions referred

1.Does Directive 2004/38/EC permit a Member State to have a general requirement that a non-EU national spouse of a Union citizen must have been lawfully resident in another Member State prior to coming to the host Member State in order that he or she be entitled to benefit from the provisions of Directive 2004/38/EC.

2.Does article 3(1) of Directive 2004/38/EC include within its scope of application a non-EU national who is:

(i) a spouse of a Union citizen who resides in the host Member State and satisfies a condition in article 7(1)(a), (b) or (c) and

(ii) is then residing in the host Member State with the Union citizen as his/her spouse

irrespective of when or where their marriage took place or when or how the non-EU national entered the host Member State.

3.If the answer to the preceding question is in the negative does article 3(1) of Directive 2004/38/EC include within its scope of application a non-EU national spouse of a Union citizen who is:

(i) a spouse of a Union citizen who resides in the host Member State and satisfies a condition in article 7(1)(a), (b) or (c); and

(ii) resides in the host Member State with the Union citizen as his/her spouse; and

(iii) has entered the host Member State independently of the Union citizen; and

(iv) subsequently married the Union citizen in the host Member State.

(1) OJ L 158, p. 77.