Reference for a preliminary ruling from Upper Tribunal (Immigration and Asylum Chamber) London (United Kingdom) made on 24 June 2014 – Secretary of State for the Home Department v CS

(Case C-304/14)

Language of the case: English

Referring court

Upper Tribunal (Immigration and Asylum Chamber) London

Parties to the main proceedings

Applicant: Secretary of State for the Home Department

Defendant: CS

Questions referred

Does European Union law, and in particular Article 20 TFEU, preclude a Member State from expelling from its territory to a non-Union country, a non-Union national who is the parent and primary carer of a child who is a citizen of that Member State (and, consequently, a citizen of the Union), where to do so would deprive the Union citizen child of the genuine enjoyment of the substance of his or her rights as a European Union citizen?

If the answer to Question (1) is "No", in what circumstances would such an expulsion be permitted under European Union Law?

If the answer to Question (1) is "No", to what extent, if any, do Articles 27 and 28 of Directive 2004/38/EC ¹ (the "Citizens Directive") inform the answer to Question (2) ?



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¹ 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.

OJ L 158, p. 77