# C_2010113EN.01001301.xml

| 1.5.2010 | EN | Official Journal of the European Union | C 113/13 |
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1.5.2010

EN

Official Journal of the European Union

C 113/13

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Judgment of the Court (Second Chamber) of 4 March 2010 (reference for a preliminary ruling from the Raad van State — Netherlands) — Rhimou Chakroun v Minister van Buitenlandse Zaken

(Case C-578/08) (1)

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(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

Referring court

Raad van State

Parties to the main proceedings

Parties to the main proceedings

Applicant: Rhimou Chakroun

Applicant:

Defendant: Minister van Buitenlandse Zaken

Defendant:

Re:

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

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’) |
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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. |
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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.

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(1)  OJ C 55, 7.3.2009.

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