Language of document :

Reference for a preliminary ruling from High Court (Ireland) made on 8 April 2022 – Z.K. and M.S. v The Minister for Justice and Equality

(Case C-248/22)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Applicants: Z.K. and M.S.

Respondent: The Minister for Justice and Equality

Question referred:

Does Council Directive 2004/38/EC1 prohibit the simultaneous conferral of derived rights of residence on the estranged spouse and the de facto, durable partner of a European Union citizen lawfully exercising his right of free movement as a worker under the Directive?

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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 amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004, L 158, p. 77).