Reference for a preliminary ruling from Supreme Court (Ireland) made on 14 January 2021 – SRS, AA v Minister for Justice and Equality

(Case C-22/21)

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicants: SRS, AA

Defendant: Minister for Justice and Equality

Questions referred

Can the term member of the household of an EU citizen, as used in Article 3 of Directive 2004/38/EC1 , be defined so as to be of universal application throughout the EU and if so what is that definition?

If that term cannot be defined, by what criteria are judges to look at evidence so that national courts may decide according to a settled list of factors who is or who is not a member of the household of an EU citizen for the purpose of freedom of movement?


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).