Official Journal of the European Union

C series

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C/2024/6244

28.10.2024

(Case C-571/24, Kreis Bergstraße)

(C/2024/6244)

Language of the case: German

Referring court

Parties to the main proceedings

Applicants and appellants: YO and CT

Defendant and respondent: Federal Republic of Germany

Joined party: Kreis Bergstraße

Questions referred

1.Does the time limit of three months from the grant of refugee status, to which, in accordance with the judgment of the European Court of Justice of 12 April 2018 (C-550/16, paragraph 61), an application for family reunification made on the basis of Article 10(3)(a) of Directive 2003/86/EC must be subject in the case where the sponsor was under 18 years of age at the time when he or she entered the territory of a Member State and applied for asylum in that State but reaches the age of majority during the asylum procedure, apply unchanged even if that time limit had already expired at the time of the judgment of 12 April 2018 but the then practice of the administrative authorities and the case-law of the supreme court in such matters in that Member State offered no realistic prospect for a refugee having already reached the age of majority to be able to make a successful application for family reunification?

2.If Question 1 is to be answered in the negative, does that time limit start to run from a later date in such cases or does a longer time limit apply in those circumstances?

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ELI: http://data.europa.eu/eli/C/2024/6244/oj

ISSN 1977-091X (electronic edition)

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