Press Release: Advocate General’s Opinion in Case C-202/13. Sean Ambrose McCarthy and Others v Secretary of State for the Home Department

According to Advocate General Szpunar, a Member State may not make a third country national's right of entry subject to the prior obtaining of visa when he already holds a „Residents Card of a Family Member of a Union Citizen“ issued by another Member State.

Authorising a Member State to put such a precautionary measure of general application into effect would be tantamount to permitting it to circumvent the right of freedom of movement and would be contrary to the principle of mutual recognition.