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Document 62011CN0356

    Case C-356/11: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 7 July 2011 — O, S

    SL C 269, 10.9.2011, p. 36–36 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    10.9.2011   

    EN

    Official Journal of the European Union

    C 269/36

    Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 7 July 2011 — O, S

    (Case C-356/11)

    2011/C 269/74

    Language of the case: Finnish

    Referring court

    Korkein hallinto-oikeus

    Parties to the main proceedings

    Appellants: O, S

    Other party: Maahanmuuttovirasto

    Questions referred

    1.

    Does Article 20 TFEU preclude a third-country national from being refused a residence permit because of lack of means of subsistence in a family situation in which a child who is a citizen of the Union is cared for by his spouse and the third-country national is not that child’s parent or carer?

    2.

    If the answer to Question 1 is in the negative, must the effect of Article 20 TFEU be assessed differently if the third-country national who does not have a residence permit, his spouse, and the child who is cared for by the spouse and has Union citizenship live together?
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