23.7.2011

Official Journal of the European Union

C 219/2

(Case C-155/11)

2011/C 219/02

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Bibi Mohammad Imran

Respondent: Minister van Buitenlandse Zaken

Questions referred

1.Does Article 7(2) of the Family Reunification Directive allow a Member State to refuse entry and residence to a family member, as referred to in Article 4 of the Family Reunification Directive, of a third country national lawfully residing in that Member State, exclusively on the ground that that family member has not passed the integration examination abroad as prescribed in the legislation of that Member State?

2.Is it important in answering Question 1 that the family member concerned is a mother of eight, of whom seven are minors, lawfully residing in that Member State?

3.Is it important in answering Question 1 whether, in the country of residence, accessible tuition is available to the family member in the language of that Member State?

4.Is it important in answering Question 1 whether the family member concerned, given his or her educational background and personal circumstances, particularly medical problems, would be able to pass that examination in the near future?

5.Is it important in answering Question 1 that no reviews take place in respect of the provisions of Article 5(5) and Article 17 of the Family Reunification Directive, Article 24 of the Charter or the principle of proportionality as contained in European Union law?

6.Is it important in answering Question 1 that nationals of certain other third countries are exempt, purely on the basis of their nationality, from the obligation to pass the civic examination abroad?

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