61However, while he may be regarded as a ‘family member’ of his spouse within the meaning of Article 2(2)(a) of Directive 2004/38, he cannot be classified as a ‘beneficiary’ of that directive, as Article 3(1) of the directive requires that the family member of the Union citizen moving to or residing in a Member State other than that of which he is a national should accompany or join him.
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