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European Union
Secretary of State for the Home Department v M. G (C-400/12)
Judgment
Consideration of the questions referred
Questions 1 and 4
33

Secretary of State for the Home Department v M. G (C-400/12)

Judgment of 16 Jan 2014law://eu/cjeu/2012/c-400-12/para_33@2026-11-10

33It follows that periods of imprisonment cannot be taken into account for the purposes of granting the enhanced protection provided for in Article 28(3)(a) of Directive 2004/38 and that, in principle, such periods interrupt the continuity of the period of residence for the purposes of that provision.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Court: Court of Justice · Second Chamber
Case: C-400/12 · ECLI:EU:C:2014:9
Decided: 16 Jan 2014
Procedure: Preliminary reference · referred by the Upper Tribunal (Immigration and Asylum Chamber), London (United Kingdom)
Applicant: Secretary of State for the Home Department
Defendant: M.G.
Rapporteur: R. Silva de Lapuerta
Advocate General: M. Wathelet
Bench: 5 judges
R. Silva de Lapuerta, J.L. da Cruz Vilaça, G. Arestis, J.-C. Bonichot, A. Arabadjiev
Language: English
Official: CURIA · EUR-Lex 62012CJ0400

Topics

Right of entry and residence

History · 1 version

16 Jan 2014Reading

Connections

Interprets 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 (Text with EEA relevance)
Cited by 1: B v Land Baden-Württemberg and Secretary of State for the Home Department v Franco Vomero (C-316/16, C-424/16)4 provisions
Cites 3: 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 (Text with EEA relevance); Land Baden-Württemberg v Panagiotis Tsakouridis (C-145/09); Nnamdi Onuekwere v Secretary of State for the Home Department (C-378/12)