39To allow Member States the freedom to grant or refuse entry into and residence in their territory by a third-country national whose marriage to a Union citizen was concluded in a Member State in accordance with the law of that state, according to whether or not national law allows marriage by persons of the same sex, would have the effect that the freedom of movement of Union citizens who have already made use of that freedom would vary from one Member State to another, depending on whether such provisions of national law exist (see, by analogy, judgment of 25 July 2008, Metock and Others, C‑127/08, EU:C:2008:449, paragraph 67). Such a situation would be at odds with the Court’s case-law, cited by the Advocate General in point 73 of his Opinion, to the effect that, in the light of its context and objectives, the provisions of Directive 2004/38, applicable by analogy to the present case, may not be interpreted restrictively and, at all events, must not be deprived of their effectiveness (judgments of 25 July 2008, Metock and Others, C‑127/08, EU:C:2008:449, paragraph 84, and of 18 December 2014, McCarthy and Others, C‑202/13, EU:C:2014:2450, paragraph 32).
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