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Document 62019CN0930

Case C-930/19: Request for a preliminary ruling from the Conseil du Contentieux des Étrangers (Belgium) lodged on 20 December 2019 — X v Belgian State

OJ C 77, 9.3.2020, p. 30–31 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

9.3.2020   

EN

Official Journal of the European Union

C 77/30


Request for a preliminary ruling from the Conseil du Contentieux des Étrangers (Belgium) lodged on 20 December 2019 — X v Belgian State

(Case C-930/19)

(2020/C 77/41)

Language of the case: French

Referring court

Conseil du Contentieux des Étrangers

Parties to the main proceedings

Applicant: X

Defendant: Belgian State

Question referred

Does Article 13(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (1) infringe Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, in that it provides that divorce, annulment of marriage or termination of a registered partnership does not entail loss of the right of residence of a Union citizen’s family members who are not nationals of a Member State where, inter alia, this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting, but only on the condition that the persons concerned show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements, whereas Article 15(3) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, (2) which makes the same provision for the right of residence to continue, does not make its continuation subject to that condition?


(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004, L 158, p. 77).

(2)  OJ 2003, L 251, p. 12.


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