CJEU: Request for a preliminary ruling from the Dutch Council of State, C-484/17 K

Friday, August 4, 2017

On 4 August 2017, the Dutch Council of State referred a question to the CJEU for a preliminary ruling, concerning the conformity with the Family Reunification Directive of a provision under the Dutch legislation allowing for the rejection of an autonomous residence for a foreign national because of a non-compliance with integration-related requirements. As the question referred is identical to the second question referred in Case C-257/17 C and A, the Dutch Council of State suggested the CJEU to rule on both cases simultaneously. The question referred is:

Should Article 15(1) and (4) of Council Directive 2003/86/EC on the right to family reunification be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which an application for an autonomous residence permit on the part of a foreign national who has resided lawfully for more than five years on the territory of a Member State for family reunification purposes may be rejected because of non-compliance with conditions relating to integration laid down in national law?

Based on an unofficial translation by the ELENA Weekly Legal Update.

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Family reunification
Integration measures