Official Journal of the European Union

C 113/13

(Case C-578/08) (<span class="super">1</span>)

(Right to family reunification - Directive 2003/86/EC - Concept of ‘recourse to the social assistance system’ - Concept of ‘family reunification’ - Family formation)

2010/C 113/17

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Rhimou Chakroun

Defendant: Minister van Buitenlandse Zaken

Re:

Reference for a preliminary ruling — Raad van State — Interpretation of Articles 2(d) and 7(1)(c) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12) — Concepts of ‘recourse to the social assistance system’ and of ‘family reunification’.

Operative part of the judgment

1.The phrase ‘recourse to the social assistance system’ in Article 7(1)(c) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification must be interpreted as precluding a Member State from adopting rules in respect of family reunification which result in such reunification being refused to a sponsor who has proved that he has stable and regular resources which are sufficient to maintain himself and the members of his family, but who, given the level of his resources, will nevertheless be entitled to claim special assistance in order to meet exceptional, individually determined, essential living costs, tax refunds granted by local authorities on the basis of his income, or income-support measures in the context of local-authority minimum-income policies (‘minimabeleid’)

2.Directive 2003/86, in particular Article 2(d) thereof, must be interpreted as precluding national legislation which, in applying the income requirement set out in Article 7(1)(c) of Directive 2003/86, draws a distinction according to whether the family relationship arose before or after the sponsor entered the territory of the host Member State.

Language of the case: Dutch

*

(1) OJ C 55, 7.3.2009.

ECLI:EU:C:2010:145