Official Journal of the European Union

C 138/3

(Case C-86/12)

(2012/C 138/04)

Language of the case: French

Referring court

Parties to the main proceedings

Applicants: Adzo Domenyo Alopka, Jarel Mondoulou, Eja Mondoulou

Defendant: Ministre du Travail, de l’Emploi et de l’Immigration

Questions referred

Is Article 20 TFEU — if necessary, read in conjunction with Articles 20, 21, 24, 33 and 34 of the Charter of Fundamental Rights, or with one or more of those provisions read separately or in conjunction — to be interpreted as precluding a Member State from refusing a third-country national, with sole responsibility for his or her infants who are citizens of the European Union, residence in the Member State of residence of the children, where they have been living with that person since birth, without having that nationality, while refusing the third-country national a residence permit, or even a work permit?

Are such decisions to be regarded as being in the nature of decisions depriving those children, in their country of residence, in which they have lived since birth, of effective enjoyment of the substance of the rights attaching to the status of citizen of the European Union also in the situation where their other direct ascendant, with whom they have never shared family life, is resident in another Member State of the European Union, of which that person is a national?