“… with the prohibition of discrimination contained in the Charter”. Article 2(2)(a) of the CRD is now applied by Article 9(a)(i) of the Withdrawal Agreement. In Case C-673/16 Coman v Inspectoratul General pentru Imigrari EU:C:2018:2 (11th January 2018) at paragraphs [48] and [49] the CJEU interpreted the term “spouse” in Article 2(2…”
“…, as the UT noted, the difference in treatment is deliberately built into the EU legal order. Moreover, it is reflected in the decisions of the CJEU in O and B Case C-673/16; [2014] QB 1163, SSHD v Banger Case C-89/17; [2019] 1 CMLR 6 and Coman v Inspectoratul General pentru Imigrări Case C-673/16; [2019] 1 WLR 425. Since the CJEU …”
“…r McCarthy (No. 2) have continued to adopt the analysis in O v Minister voor Immigratie, Integratie en Asiel. See Coman v Inspectoratul General pentru Imigrari Case C-673/16 [2019] 1 WLR at [20], [23] and [24] and Case C-89/17 SSHD v Banger [2019] 1 CMLR 6 (extending the reasoning to same sex and unmarried partners of a Union citiz…”