15.5.2023

Official Journal of the European Union

C 173/17

(Case C-63/23, Sagrario)

(2023/C 173/24)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicants: Sagrario, Joaquín, Prudencio

Defendant: Subdelegación del Gobierno en Barcelona

Questions referred

1.Must Article 15(3), in fine, and Article 17 of Directive 2003/86, (1) when they refer to ‘particularly difficult circumstances’, be understood as automatically including all circumstances involving a minor and/or circumstances that are similar to those provided for in Article 15?

2.Is national legislation that does not provide for the grant of an autonomous residence permit, which ensures that reunited family members are no longer unlawful residents in the event of such particularly difficult circumstances, compatible with Article 15(3), in fine, and Article 17 of Directive 2003/86?

3.Can Article 15(3), in fine, and Article 17 of Directive 2003/86 be interpreted as meaning that that right to an autonomous permit arises when the reunited family is left without a residence permit for reasons beyond their control?

4.Is national legislation that does not provide, as a step that must be taken before the refusal to grant or renew a residence permit as a reunited family member, for a specific procedure for hearing minors, where the grant or renewal of the sponsor’s residence permit has been refused, compatible with Article 15(3) and Article 17 of that directive, Article 6(1) and Article 8(1) and (2) of the European Convention on Human Rights, and Articles 47, 24, 7 and Article 33(1) of the Charter of Fundamental Rights of the European Union?

5.Is national legislation that does not provide, as a step that must be taken before the refusal to grant or renew a residence permit as a reunited spouse, where the grant or renewal of the sponsor’s residence permit has been refused, for that spouse to be able to plead the circumstances provided for in Article 17 of Directive 2003/86 in order to request that he or she be granted an option to remain resident without interruption vis-à-vis his or her previous residence status compatible with Article 15(3) and Article 17 of Directive 2003/86, Article 6(1) and Article 8(1) and (2) of the European Convention on Human Rights, and Articles 47, 24, 7 and Article 33(1) of the Charter of Fundamental Rights of the European Union?

6.Is national legislation that does not provide for the necessary and mandatory assessment of the circumstances set out in Article 17 of Directive 2003/86 before a refusal to renew the residence permit of reunited family members compatible with Article 15(3) and Article 17 of that directive?

(1) Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).