The case concerned an Armenian national who applied for temporary protection pursuant to Section 24 of the Residence Act on 2 April 2022. With letter of 12 September 2022 to the Immigration Office, he stated that he was living in a relationship with a Ukrainian partner. He had been living in Ukraine since 2018 but was not in possession of a residence permit there. By decision of 4 May 2023, the Immigration Office rejected the application, set a deadline for departure for 10 June 2023 and threatened to deport the applicant. On 17 May 2023, the applicant appealed against the decision and filed an urgent application pursuant with Section 80(5) of the Administrative Court Code to the Regional Administrative Court of Munich. In his reasoning, the applicant stated that he was living in a durable relationship within the meaning of Article 2(1)(c) of Council Implementing Decision (EU) 2022/382 of 4 March 2022 of the Temporary Protection Directive.

The Regional Administrative Court of Munich held that in Germany, cohabiting partners who have entered into a long-term partnership without being married were not considered family members of Ukrainian nationals pursuant to Article 2(1)(c) of Council Implementing Decision (EU) 2022/382 of 4 March 2022 and Section 24(1) of the Residence Act. Pursuant to Article 2(4)(a) of Council Implementing Decision (EU) 2022/382 of 4 March 2022, unmarried partners were only considered family members if non-married couples were treated as married couples under the national legislation or the general practices of the Member State. In Germany, this was not the case for long-term partnerships. Based on the above, the Regional Administrative Court of Munich dismissed the application as unfounded.