R (on the application of McCarthy and others) v Secretary of State for the Home Department

European Union – Freedom of movement. The Court of Justice of the European Union ruled that both art 35 of Directive 2004/38 and art 1 of Protocol No 20 had to be interpreted as not permitting a member state to require, in pursuit of an objective of general prevention, family members of a Union citizen who were not nationals of a member state and who held a valid residence card, issued under art 10 of Directive 2004/38 by the authorities of another member state, to be in possession, pursuant to national law, of an entry permit, such as the European Economic Area family permit, in order to be able to enter its territory.

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