67It follows that, as the Advocate General observes in point 27 of her Opinion, in circumstances such as those at issue in the main proceedings, the departure of the spouse who is a Union citizen has already brought about the loss of the right of residence of the spouse who is a third-country national and stays behind in the host Member State. The later petition for divorce cannot have the effect of reviving that right, since Article 13 of Directive 2004/38 mentions only the ‘retention’ of an existing right of residence.
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