BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Court of Justice of the European Communities (including Court of First Instance Decisions) |
||
|
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Coman & Ors v Inspectoratul General pentru Imigrari & Ors (Citizenship of the Union - Fundamental rights - Freedom of establishment - Principles, objectives and tasks of the Treaties : Application) [2017] EUECJ C-673/16 (17 March 2017) URL: http://www.bailii.org/eu/cases/EUECJ/2017/C67316.html Cite as: [2017] EUECJ C-673/16 |
||
[New search] [Contents list] [Help]
Request for a preliminary ruling from the Curtea Constituțională a României (Romania) lodged on 30 December 2016 - Relu Adrian Coman, Robert Clabourn Hamilton, Asociația Accept v Inspectoratul General pentru Imigrări, Ministerul Afacerilor Interne, Consiliul Național pentru Combaterea Discriminării
(Case C-673/16)
Language of the case: Romanian
Referring court
Curtea Constituțională a României
Parties to the main proceedings
Applicants: Relu Adrian Coman, Robert Clabourn Hamilton, Asociația Accept
Defendants: Inspectoratul General pentru Imigrări, Ministerul Afacerilor Interne, Consiliul Național pentru Combaterea Discriminării
Questions referred
Does the term ‘spouse’ in Article 2(2)(a) of Directive 2004/38/[EC], 1 in conjunction with Articles 7, 9, 21 and 45 of the Charter of Fundamental Rights of the European Union, include the same-sex spouse, from a State which is not a Member State of the European Union, of a citizen of the European Union to whom that citizen is lawfully married under the law of a Member State other than the host Member State?
If the answer to Question 1 is in the affirmative, do Articles 3(1) and 7(1) of Directive 2004/38/[EC], in conjunction with Articles 7, 9, 21 and 45 of the Charter of Fundamental Rights of the European Union, require the host Member State to confer the right of residence in its territory or for a period of longer than three months on the same-sex spouse of a citizen of the European Union?
If the answer to Question 1 is in the negative, can the same-sex spouse, from a State which is not a Member State of the European Union, of a European Union citizen, to whom the citizen concerned is lawfully married under the law of a Member State other than the host Member State, be classified as ‘any other family member’ within the meaning of Article 3(2)(a) of Directive 2004/38/[EC] or ‘partner with whom the Union citizen has a durable relationship, duly attested’ within the meaning of Article 3(2)(b) of Directive 2004/38/[EC], with the corresponding obligation for the host Member State to facilitate entry and residence for him, even though the host State does not recognise marriages between members of the same sex or provide for an alternative form of legal recognition, such as registered partnerships?
If the answer to Question 3 is in the affirmative, do Articles 3(2) and 7(2) of Directive 2004/38/[EC], in conjunction with Articles 7, 9, 21 and 45 of the Charter of Fundamental Rights of the European Union, require the Member State to confer the right of residence in its territory or for a period of longer than three months on the same-sex spouse of a citizen of the European Union?
