Language of document :

Judgment of the Court (Third Chamber) of 15 September 2022 (request for a preliminary ruling from the Supreme Court – Ireland) – SRS, AA v Minister for Justice and Equality

(Case C-22/21) 1

(Reference for a preliminary ruling – Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely within the territory of the Member States – Article 3(2), first subparagraph, point (a) – Concept of ‘other family members who are members of the household of the Union citizen having the primary right of residence’ – Assessment criteria)

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicants: SRS, AA

Defendant: Minister for Justice and Equality

Operative part of the judgment

Point (a) of the first subparagraph of Article 3(2) of 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,

must be interpreted as meaning that:

the concept of ‘any other family members who are members of the household of the Union citizen having the primary right of residence’, mentioned in that provision, refers to persons who have a relationship of dependence with that citizen, based on close and stable personal ties, forged within the same household, in the context of a shared domestic life going beyond a mere temporary cohabitation entered into for reasons of pure convenience.

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1 OJ C 138, 19.4.2021.