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Case C-165/14: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 7 April 2014 — Alfredo Rendón Marín v Administración del Estado

ECLI:EU:UNKNOWN:62014CN0165

62014CN0165

April 7, 2014

10.6.2014

Official Journal of the European Union

C 175/31

(Case C-165/14)

2014/C 175/38

Language of the case: Spanish

Referring court

Tribunal Supremo, Sala de lo Contencioso-Administrativo, Section: Tercera

Parties to the main proceedings

Applicant: Alfredo Rendón Marín

Defendant: Administración del Estado

Question referred

Is national legislation which excludes the possibility of granting a residence permit to the parent of a European Union citizen who is a child and dependent on that parent, because the parent has a criminal record in the country in which the request is made, compatible with Article 20 of the Treaty on the Functioning of the European Union, interpreted in the light of the decisions of 19 October 2004 (Case C-200/02 Zhu-Chen) (1) and 8 March 2011 (Case C-34/09 Ruiz Zambrano) (2) even if this results in the removal of the child from the territory of the European Union, as that child has to follow the parent?

(1) EU:C:2004:639.

(2) EU:C:2011:124.

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