17.2.2020   

EN

Official Journal of the European Union

C 54/7


Judgment of the Court (Fifth Chamber) of 12 December 2019 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — TB v Bevándorlási és Menekültügyi Hivatal

(Case C-519/18) (1)

(Reference for a preliminary ruling - Immigration policy - Right to family reunification - Directive 2003/86/EC - Article 10(2) - Optional provision - Prerequisites for exercising the right to family reunification - Member of a refugee’s family not referred to in Article 4 - Concept of a ‘dependant’)

(2020/C 54/09)

Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Applicant: TB

Defendant: Bevándorlási és Menekültügyi Hivatal

Operative part of the judgment

Article 10(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification must be interpreted as not precluding a Member State from authorising the family reunification of a refugee’s sister only if she is, on account of her state of health, unable to provide for her own needs, provided that:

first, that inability is assessed having regard to the special situation of refugees and at the end of a case-by-case examination taking into account all the relevant factors, and

secondly, that it may be ascertained, having regard also to the special situation of refugees and at the end of a case-by-case examination taking into account all the relevant factors, that the material support of the person concerned is actually provided by the refugee, or that the refugee appears as the family member most able to provide the material support required.


(1)  OJ C 436, 3.12.2018.