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Document 62008CN0578

Case C-578/08: Reference for a preliminary ruling from the Raad van State (Netherlands) lodged on 29 December 2008 — Rhimou Chakroun v Minister van Buitenlandse Zaken

IO C 55, 7.3.2009, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

7.3.2009   

EN

Official Journal of the European Union

C 55/16

Reference for a preliminary ruling from the Raad van State (Netherlands) lodged on 29 December 2008 — Rhimou Chakroun v Minister van Buitenlandse Zaken

(Case C-578/08)

(2009/C 55/26)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: Rhimou Chakroun

Defendant: Minister van Buitenlandse Zaken

Questions referred

1.

Should the phrase ‘recourse to the social assistance system’ in Article 7(1)(c) of Council Directive 2003/86/EC (1) of 22 September 2003 on the right to family reunification be interpreted as permitting a Member State to make an arrangement in respect of family reunification which results in family reunification not being granted to a sponsor who has provided evidence of having stable and regular resources to meet general subsistence costs, but who, given the level of such resources, shall nevertheless be entitled to claim special assistance to meet exceptional, individually determined, essential living costs, income-related remission of charges by municipal authorities, or income-support measures in the context of municipal minimum income policies?

2.

Should Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, in particular Article 2(d), be interpreted as precluding national legislation which, in applying the resource requirement pursuant to Article 7(1)(c), makes a distinction according to whether a family relationship arose before or after the entry of the resident of the Member State?

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

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