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

ECLI:EU:UNKNOWN:62011CN0356

62011CN0356

July 7, 2011
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10.9.2011

Official Journal of the European Union

C 269/36

(Case C-356/11)

2011/C 269/74

Language of the case: Finnish

Referring court

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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