According to CJEU, the request for a preliminary ruling was submitted as follows:

"Questions referred

Is Article 3 of Directive 2011/95/EU to be interpreted as meaning that it precludes a provision enacted by a Member State to the effect that the unmarried minor child of a person who has been granted refugee status must be granted refugee status derived from that person (that is to say, protection as a family member of a refugee) even in the case where that child — by virtue of the other parent — is, in any event, also a national of another country which is not the same as the refugee’s country of origin and the protection of which that child is able to avail itself of?

Is Article 23(2) of that directive to be interpreted as meaning that, in the circumstances set out in question 1, the restriction whereby the entitlement of family members to claim the benefits referred to in Articles 24 to 35 of that directive is to be granted only as far as is compatible with the personal legal status of the family member prohibits the minor child from being granted refugee status derived from the person recognised as a refugee?

In providing an answer to questions 1 and 2, is it material whether or not it is possible and reasonable for the child and its parents to take up residence in the country of which the child and the mother are nationals, the protection of which they are able to avail themselves of and which is not the same as the refugee’s (father’s) country of origin, or is it sufficient that family unity in Germany can be maintained on the basis of the rules governing the right of residence?"

Note: The AG gave an opinion on the case on 12 May 2021, see here.

The CJEU ruled on the case on 9 November 2021.