C-370/90, Surinder Singh

Key Points to Note in This Case:

• Context: This case pertains to Article 45 TFEU (Free Movement of Persons) and the right to residence, particularly regarding the rights of family members of EU citizens.

• Facts: A UK national, Mr. Singh, lived and worked in Germany for two years with his Indian spouse. After moving back to the UK, Mr. Singh's relationship ended, and the UK immigration law sought to deport him. Mr. Singh argued that his residence rights should be protected under EU free movement rules because of his prior residence and work in another EU country.

Outcome:

◦ The UK initially argued that its immigration laws should apply because Mr. Singh was returning to the UK, and EU rules did not cover his situation.

◦ The CJEU disagreed and held that Mr. Singh’s situation was indeed covered by EU free movement law. His residence rights should be extended based on his prior status as an EU worker and his connection to free movement principles.

Key Legal Points:

◦ Extension of EU Rights: The CJEU affirmed that EU free movement rights extend to situations where a UK national returns to their home country after having exercised free movement rights in another EU state.

◦ Impact on Family Members: The ruling underscores the protection of family members of EU citizens under EU law, even after returning to their home country.

◦ Broader Implications: This case highlights the importance of ensuring that free movement rights are not undermined by national immigration laws when an EU citizen returns to their home country after exercising their rights in another member state.