Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles (Belgium) lodged on 2 January 2023 — X, Y, A, legally represented by X and Y, B, legally represented by X and Y v État belge

(Case C-1/23, Afrin (1))

(2023/C 104/20)

Language of the case: French

Referring court

Tribunal de première instance francophone de Bruxelles

Parties to the main proceedings

Applicants: X, Y, A, legally represented by X and Y, B, legally represented by X and Y

Defendant: État belge

Question referred

Is the legislation of a Member State which only allows family members of a recognised refugee to submit an application for entry and residence at a diplomatic post of that State, even in a situation where it is impossible for those family members to travel to that post, compatible with Article 5(1) of Directive 2003/86/EC, (2) read, where appropriate, in conjunction with the objective pursued by that directive, to promote family reunification, Articles 23 and 24 of Directive 2011/95/EU, (3) Articles 7 and 24 of the Charter of Fundamental Rights (4) and the duty to ensure the effectiveness of EU law?

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).

(3)  Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ 2011 L 337, p. 9).

(4)  Charter of Fundamental Rights of the European Union.