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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 IDS
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