Shirley McCarthy v Secretary of State for the Home Department (C-434/09)

Judgment of 5 May 2011

law://eu/cjeu/2009/c-434-09/para_42@2026-11-13

42Lastly, it should also be noted that, since a Union citizen such as Mrs McCarthy is not covered by the concept of ‘beneficiary’ for the purposes of Article 3(1) of Directive 2004/38, her spouse is not covered by that concept either, given that the rights conferred by that directive on the family members of a beneficiary of that directive are not autonomous rights of those family members, but derived rights, acquired through their status as members of the beneficiary’s family (see, in relation to instruments of European Union law prior to Directive 2004/38, Case C-243/91 Taghavi [1992] ECR I-4401, paragraph 7, and Eind, paragraph 23).

Shirley McCarthy v Secretary of State for the Home Department (C-434/09)

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