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Case C-706/18: Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 14 November 2018 — X v Belgische Staat
ECLI:EU:UNKNOWN:62018CN0706
62018CN0706
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28.1.2019
Official Journal of the European Union
C 35/11
(Case C-706/18)
(2019/C 35/14)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: X
Defendant: Belgische Staat
Question referred
Does Directive 2003/86/EC (1) — having regard to Article 3(5), as well as the objective thereof, in particular, the determination of the conditions for the exercise of the right to family reunification — preclude national legislation which requires that Article 5(4) of Directive 2003/86/EC be interpreted as meaning that the consequence of no decision having been taken by the expiry of the prescribed period is that national authorities are under an obligation to grant, of their own motion, a residence permit to the person concerned, without first establishing that that person in fact satisfies the conditions for residence in Belgium in conformity with EU law?
(1) Council Directive of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).
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