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02/01/2023
BE: The first instance Tribunal of Bruxelles submitted urgent request for preliminary ruling before the CJEU on family reunification procedure

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Referral for a preliminary ruling
Original Documents
Relevant Legislative Provisions
Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification)
Reference
Belgium, Court of first instance [Tribunal de première instance], X,Y, A, B v Belgian State, 22/283/C, 02 January 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3172
Case history
Other information
Abstract

Case registered under C-1/23 PPU before the CJEU 


In a case concerning an application for family reunification, the first instance tribunal of Bruxelles submitted an urgent request before the CJEU for a preliminary ruling on the following question:


Is the legislation of a Member State, which permits only to family members of a recognised refugee to submit a request for entry and residence (for family reunification purposes) before a diplomatic or consular office embassy of that Member State, even in the impossibility to reach that diplomatic or consular office, compatible with article 5.1 of the Directive 2003/86/CE, eventually taken jointly with the objective of the Articles 23 and 24 Qualification Directive 2011/95/UE, articles 7 and 24 of the EU Charter and the obligation to guarantee effectiveness of the EU law?
Country of Decision
Belgium
Court Name
BE: Court of first instance [Tribunal de première instance]
Case Number
22/283/C
Date of Decision
02/01/2023
Country of Origin
Syria
Keywords
Family Reunification