CJEU Grand Chamber hears important case about the retained rights of EU dual national citizens

The Grand Chamber of the CJEU is today hearing an important case about the impact of dual citizenship on the ability of EU nationals to retain rights under Directive 2004/38 (the Free Movement Directive). The case of Lounes is a reference from the English High Court (Lang J). Mr Lounes is an Algerian national who was unlawfully present in the United Kingdom when he met and married a Spanish national. His wife had moved to the United Kingdom by exercising her free movement rights but then acquired British citizenship several years before the marriage. Mr Lounes' application for an EEA residence permit was refused on the grounds that his wife fell outside the scope of the Directive because she was resident in her state of nationality. The question is whether in those circumstances she can continue to rely on rights under the Directive or whether she is subject solely to domestic law in the United Kingdom. David Blundell represents the United Kingdom. Click here to read about the case in the Guardian.