Case registered before the CJEU under C-745/21

Questions referred for a preliminary ruling

1. Does EU law preclude, in the determination by the Member State responsible for examining an asylum application, the attribution of an independent significance, pursuant to a provision of national law, to the interests of a child with which the applicant was pregnant at the time the application was made?

2. a. Does Article 16(1) of Regulation No 349/2001 preclude the application of this provision where the applicant’s spouse is legally resident in the Member State to which the application is made? b. If that is not the case, did the applicant’s pregnancy entail dependence, within the meaning of that provision, on the husband by whom she was pregnant?

3. If EU law does not preclude, in the determination by the Member State responsible for examining an asylum application, the attribution of an independent significance, pursuant to a provision of national law, to the interests of an unborn child, can Article 16(1) of Regulation No 343/2003 apply to the relationship between the unborn child and the father of that unborn child who is legally resident in the Member State to which the application is made?