This document is an excerpt from the EUR-Lex website
Document 62017CA0380
Case C-380/17: Judgment of the Court (Third Chamber) of 7 November 2018 (request for a preliminary ruling from the Raad van State — Netherlands) — K, B v Staatssecretaris van Veiligheid en Justitie (Reference for a preliminary ruling — Jurisdiction of the Court — Directive 2003/86/EC — Right to family reunification — Article 12 — Failure to comply with the time limit of three months following the grant of international protection — Beneficiary of subsidiary protection status — Rejection of an application for a visa)
Case C-380/17: Judgment of the Court (Third Chamber) of 7 November 2018 (request for a preliminary ruling from the Raad van State — Netherlands) — K, B v Staatssecretaris van Veiligheid en Justitie (Reference for a preliminary ruling — Jurisdiction of the Court — Directive 2003/86/EC — Right to family reunification — Article 12 — Failure to comply with the time limit of three months following the grant of international protection — Beneficiary of subsidiary protection status — Rejection of an application for a visa)
Case C-380/17: Judgment of the Court (Third Chamber) of 7 November 2018 (request for a preliminary ruling from the Raad van State — Netherlands) — K, B v Staatssecretaris van Veiligheid en Justitie (Reference for a preliminary ruling — Jurisdiction of the Court — Directive 2003/86/EC — Right to family reunification — Article 12 — Failure to comply with the time limit of three months following the grant of international protection — Beneficiary of subsidiary protection status — Rejection of an application for a visa)
OJ C 16, 14.1.2019, pp. 18–19
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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14.1.2019 |
EN |
Official Journal of the European Union |
C 16/18 |
Judgment of the Court (Third Chamber) of 7 November 2018 (request for a preliminary ruling from the Raad van State — Netherlands) — K, B v Staatssecretaris van Veiligheid en Justitie
(Case C-380/17) (1)
((Reference for a preliminary ruling - Jurisdiction of the Court - Directive 2003/86/EC - Right to family reunification - Article 12 - Failure to comply with the time limit of three months following the grant of international protection - Beneficiary of subsidiary protection status - Rejection of an application for a visa))
(2019/C 16/22)
Language of the case: Dutch
Referring court
Raad van State
Parties to the main proceedings
Appellants: K, B
Other party: Staatssecretaris van Veiligheid en Justitie
Operative part of the judgment
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1. |
The Court of Justice has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 12(1) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on a beneficiary of subsidiary protection’s right to family reunification, if that provision was made directly and unconditionally applicable to such a situation under national law. |
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2. |
Article 12(1) of Directive 2003/86 does not preclude national legislation which permits an application for family reunification lodged on behalf of a member of a refugee’s family, on the basis of the more favourable provisions for refugees of Chapter V of that directive, to be rejected on the ground that that application was lodged more than three months after the sponsor was granted refugee status, whilst affording the possibility of lodging a fresh application under a different set of rules provided that that legislation:
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