Coman and others v Inspectoratul General pentru Imigrari and another

European Union – Citizenship. In a situation in which a Union citizen had made use of his freedom of movement by moving to and taking up genuine residence, in accordance with the conditions laid down in art 7(1) of Directive (EC), in a member state other than that of which he was a national, and, while there, had created and strengthened a family life with a third-country national of the same sex to whom he was joined by a marriage lawfully concluded in the host member state, art 21(1) of the Treaty on the Functioning of the European Union precluded the competent authorities of the member state of which the Union citizen was a national from refusing to grant that third-country national a right of residence in the territory of that member state on the ground that the law of that member state did not recognise marriage between persons of the same sex. The Court of Justice of the European Union so held in a preliminary ruling in proceedings regarding a request concerning the conditions under which the second applicant spouse could be granted the right to reside in Romania for more than three months.

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