The article analyses the decision of the Court of Justice of the European Union C-364/10, Hungary against the Slovak Republic. It explains the personal and material scope of the European Union’s right to free movement of persons, focusing on the right to enter the territory of another Member State of the European Union. The judgment solves the situation of the Head of State and the restriction on the right of the Head of State to enter the territory of another Member State freely on the basis of Article 21 of the Treaty on the Functioning of the European Union. The article presents the conclusions of the judgment of Court of Justice of the European Union.