# C_2019016EN.01001201.xml

| 14.1.2019 | EN | Official Journal of the European Union | C 16/12 |
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14.1.2019

EN

Official Journal of the European Union

C 16/12

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Judgment of the Court (Third Chamber) of 7 November 2018 (request for a preliminary ruling from the Raad van State — Netherlands) — C, A v Staatssecretaris van Veiligheid en Justitie

(Case C-257/17) (1)

((Reference for a preliminary ruling - Jurisdiction of the Court - Directive 2003/86/EC - Right to family reunification - Article 15 - Refusal to grant an autonomous residence permit - National legislation providing for a requirement to pass a civic integration examination))

(2019/C 16/14)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Appellants: C, A

Respondent: Staatssecretaris van Veiligheid en Justitie

Operative part of the judgment

| 1. | The Court of Justice has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 15 of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in situations such as those at issue in the main proceedings, where a national court is called upon to rule on the grant of an autonomous residence permit to a third country national, who is a family member of an EU citizen who has not exercised his right of free movement, if that provision was made directly and unconditionally applicable to such situations under national law. |
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1.

The Court of Justice has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 15 of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in situations such as those at issue in the main proceedings, where a national court is called upon to rule on the grant of an autonomous residence permit to a third country national, who is a family member of an EU citizen who has not exercised his right of free movement, if that provision was made directly and unconditionally applicable to such situations under national law.

| 2. | Article 15(1) and (4) of Directive 2003/86 does not preclude national legislation which permits an application for an autonomous residence permit, lodged by a third country national who has resided over five years in a Member State by virtue of family reunification, to be rejected on the ground that he has not shown that he has passed a civic integration test on the language and society of that Member State provided that the detailed rules for the requirement to pass that examination do not go beyond what is necessary to attain the objective of facilitating the integration of those third country nationals. |
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2.

Article 15(1) and (4) of Directive 2003/86 does not preclude national legislation which permits an application for an autonomous residence permit, lodged by a third country national who has resided over five years in a Member State by virtue of family reunification, to be rejected on the ground that he has not shown that he has passed a civic integration test on the language and society of that Member State provided that the detailed rules for the requirement to pass that examination do not go beyond what is necessary to attain the objective of facilitating the integration of those third country nationals.

| 3. | Article 15(1) and (4) of Directive 2003/86 does not preclude national legislation which provides that an autonomous residence permit cannot be issued earlier than the date on which it was applied for. |
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3.

Article 15(1) and (4) of Directive 2003/86 does not preclude national legislation which provides that an autonomous residence permit cannot be issued earlier than the date on which it was applied for.

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(1)  OJ C 269, 14.8.2017.

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