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Case C-614/22, Commissioner-General for Refugees and Stateless Persons (Family Unity): Judgment of the Court (Second Chamber) of 23 November 2023 (request for a preliminary ruling from the Conseil d’État — Belgium) — XXX v Commissaire général aux réfugiés et aux apatrides (Reference for a preliminary ruling — Directive 2011/95/EU — Standards for granting refugee status or subsidiary protection status — Mother of minor refugee children in Belgium — Mother who is a ‘family member’ within the meaning of Article 2(j) of that directive — Application for the grant of international protection, as a derived right, submitted by that mother — Rejection — No obligation on Member States to recognise the right of the person concerned to obtain that protection if she does not individually qualify for it — Article 20 and Article 23(2) of that directive — Inapplicability)
ECLI:EU:UNKNOWN:62022CA0614
62022CA0614
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Official Journal of the European Union
Series C
C/2024/614
15.1.2024
(Case C-614/22, (1) Commissioner-General for Refugees and Stateless Persons (Family Unity))
(Reference for a preliminary ruling - Directive 2011/95/EU - Standards for granting refugee status or subsidiary protection status - Mother of minor refugee children in Belgium - Mother who is a ‘family member’ within the meaning of Article 2(j) of that directive - Application for the grant of international protection, as a derived right, submitted by that mother - Rejection - No obligation on Member States to recognise the right of the person concerned to obtain that protection if she does not individually qualify for it - Article 20 and Article 23(2) of that directive - Inapplicability)
(C/2024/614)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: XXX
Defendant: Commissaire général aux réfugiés et aux apatrides
Operative part of the judgment
Articles 20 and 23 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted,
must be interpreted as not requiring the Member States to grant the parent, and also ‘family member’ within the meaning of Article 2(j) of that directive, of a child who has refugee status in a Member State the right to international protection in that Member State.
ELI: http://data.europa.eu/eli/C/2024/614/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: French.
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