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Case C-1/23 PPU, Afrin: Judgment of the Court (Third Chamber) of 18 April 2023 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles — Belgium) — X, Y, A, legally represented by X and Y, B, legally represented by X and Y v État belge (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Border controls, asylum and immigration — Immigration policy — Directive 2003/86/EC — Right to family reunification — Article 5(1) — Submission of an application for entry and residence for the purposes of exercising the right to family reunification — Legislation of a Member State requiring the sponsor’s family members to submit the application in person to the competent diplomatic post of that Member State — Impossibility or excessive difficulty to reach that post — Charter of Fundamental Rights of the European Union — Articles 7 and 24)
ECLI:EU:UNKNOWN:62023CA0001
62023CA0001
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30.5.2023
Official Journal of the European Union
C 189/3
(Case C-1/23 PPU, (*1) Afrin (*2))
(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Border controls, asylum and immigration - Immigration policy - Directive 2003/86/EC - Right to family reunification - Article 5(1) - Submission of an application for entry and residence for the purposes of exercising the right to family reunification - Legislation of a Member State requiring the sponsor’s family members to submit the application in person to the competent diplomatic post of that Member State - Impossibility or excessive difficulty to reach that post - Charter of Fundamental Rights of the European Union - Articles 7 and 24)
(2023/C 189/03)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: X, Y, A, legally represented by X and Y, B, legally represented by X and Y
Defendant: État belge
Operative part of the judgment
Article 5(1) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, read in conjunction with Article 7 and Article 24(2) and (3) of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that it precludes national legislation which requires, for the purposes of submitting an application for entry and residence with a view to family reunification, that the sponsor’s family members, in particular those of a recognised refugee, appear in person at the diplomatic or consular post of a Member State competent in respect of the place of their temporary or permanent residence abroad, including in a situation where it is impossible or excessively difficult for them to travel to that post, without prejudice to the possibility for that Member State to require that those members appear in person at a later stage of the application procedure for family reunification.
(*1) OJ C 104, 20.3.2023.
(*2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.