R (McCarthy) v Secretary of State for the Home Department

Subject Matter

EUROPEAN UNION — Freedom of movement — Rights of entry and residence — Husband with British and Irish nationality and third-country national wife residing in Spain and regularly travelling to United Kingdom — Wife holding residence card issued by Spain — Generally applicable national legislation requiring such family members to obtain entry permits before entering United Kingdom — Whether European Union legislation precluding national legislation — Immigration (European Economic Area) Regulations 2006, reg 11 — FEU Treaty, Protocol No 20, art 1 — Parliament and Council Directive 2004/38/EC, art 35

(Case C-202/13); EU:C:2014:2450; [2015] QB 651; [2015] 3 WLR 61; [2015] All ER (EC) 215; [2014] WLR (D) 555, ECJ