EUR-Lex & EU Commission AI-Powered Semantic Search Engine
Modern Legal
  • Query in any language with multilingual search
  • Access EUR-Lex and EU Commission case law
  • See relevant paragraphs highlighted instantly
Start free trial

Similar Documents

Explore similar documents to your case.

We Found Similar Cases for You

Sign up for free to view them and see the most relevant paragraphs highlighted.

Case C-380/17: Judgment of the Court (Third Chamber) of 7 November 2018 (request for a preliminary ruling from the Raad van State — Netherlands) — K, B v Staatssecretaris van Veiligheid en Justitie (Reference for a preliminary ruling — Jurisdiction of the Court — Directive 2003/86/EC — Right to family reunification — Article 12 — Failure to comply with the time limit of three months following the grant of international protection — Beneficiary of subsidiary protection status — Rejection of an application for a visa)

ECLI:EU:UNKNOWN:62017CA0380

62017CA0380

November 7, 2018
With Google you find a lot.
With us you find everything. Try it now!

I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!

Valentina R., lawyer

14.1.2019

Official Journal of the European Union

C 16/18

(Case C-380/17) (<span class="super note-tag">1</span>)

((Reference for a preliminary ruling - Jurisdiction of the Court - Directive 2003/86/EC - Right to family reunification - Article 12 - Failure to comply with the time limit of three months following the grant of international protection - Beneficiary of subsidiary protection status - Rejection of an application for a visa))

(2019/C 16/22)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellants: K, B

Other party: Staatssecretaris van Veiligheid en Justitie

Operative part of the judgment

1.The Court of Justice has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 12(1) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on a beneficiary of subsidiary protection’s right to family reunification, if that provision was made directly and unconditionally applicable to such a situation under national law.

2.Article 12(1) of Directive 2003/86 does not preclude national legislation which permits an application for family reunification lodged on behalf of a member of a refugee’s family, on the basis of the more favourable provisions for refugees of Chapter V of that directive, to be rejected on the ground that that application was lodged more than three months after the sponsor was granted refugee status, whilst affording the possibility of lodging a fresh application under a different set of rules provided that that legislation:

— lays down that such a ground of refusal cannot apply to situations in which particular circumstances render the late submission of the initial application objectively excusable;

— lays down that the persons concerned are to be fully informed of the consequences of the decision rejecting their initial application and of the measures which they can take to assert their rights to family reunification effectively; and

— ensures that sponsors recognised as refugees continue to benefit from the more favourable conditions for the exercise of the right to family reunification applicable to refugees, specified in Articles 10 and 11 or in Article 12(2) of the directive.

Language of the case: Dutch

(1) OJ C 300, 11.9.2017.

EurLex Case Law

AI-Powered Case Law Search

Query in any language with multilingual search
Access EUR-Lex and EU Commission case law
See relevant paragraphs highlighted instantly

Get Instant Answers to Your Legal Questions

Cancel your subscription anytime, no questions asked.Start 14-Day Free Trial

At Modern Legal, we’re building the world’s best search engine for legal professionals. Access EU and global case law with AI-powered precision, saving you time and delivering relevant insights instantly.

Contact Us

Tivolska cesta 48, 1000 Ljubljana, Slovenia