# C_2020209EN.01000502.xml

| 22.6.2020 | EN | Official Journal of the European Union | C 209/5 |
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22.6.2020

EN

Official Journal of the European Union

C 209/5

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Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 24 February 2020 — LW v Bundesrepublik Deutschland

(Case C-91/20)

(2020/C 209/09)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: LW

Defendant: Bundesrepublik Deutschland

Questions referred

| 1. | Is Article 3 of Directive 2011/95/EU (1) to be interpreted as meaning that it precludes a provision enacted by a Member State to the effect that the unmarried minor child of a person who has been granted refugee status must be granted refugee status derived from that person (that is to say, protection as a family member of a refugee) even in the case where that child — by virtue of the other parent — is, in any event, also a national of another country which is not the same as the refugee’s country of origin and the protection of which that child is able to avail itself of? |
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1.

Is Article 3 of Directive 2011/95/EU (1) to be interpreted as meaning that it precludes a provision enacted by a Member State to the effect that the unmarried minor child of a person who has been granted refugee status must be granted refugee status derived from that person (that is to say, protection as a family member of a refugee) even in the case where that child — by virtue of the other parent — is, in any event, also a national of another country which is not the same as the refugee’s country of origin and the protection of which that child is able to avail itself of?

| 2. | Is Article 23(2) of that directive to be interpreted as meaning that, in the circumstances set out in question 1, the restriction whereby the entitlement of family members to claim the benefits referred to in Articles 24 to 35 of that directive is to be granted only as far as is compatible with the personal legal status of the family member prohibits the minor child from being granted refugee status derived from the person recognised as a refugee? |
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2.

Is Article 23(2) of that directive to be interpreted as meaning that, in the circumstances set out in question 1, the restriction whereby the entitlement of family members to claim the benefits referred to in Articles 24 to 35 of that directive is to be granted only as far as is compatible with the personal legal status of the family member prohibits the minor child from being granted refugee status derived from the person recognised as a refugee?

| 3. | In providing an answer to questions 1 and 2, is it material whether or not it is possible and reasonable for the child and its parents to take up residence in the country of which the child and the mother are nationals, the protection of which they are able to avail themselves of and which is not the same as the refugee’s (father’s) country of origin, or is it sufficient that family unity in Germany can be maintained on the basis of the rules governing the right of residence? |
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3.

In providing an answer to questions 1 and 2, is it material whether or not it is possible and reasonable for the child and its parents to take up residence in the country of which the child and the mother are nationals, the protection of which they are able to avail themselves of and which is not the same as the refugee’s (father’s) country of origin, or is it sufficient that family unity in Germany can be maintained on the basis of the rules governing the right of residence?

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(1)  Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9).

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