# C_2019155EN.01000702.xml

| 6.5.2019 | EN | Official Journal of the European Union | C 155/7 |
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6.5.2019

EN

Official Journal of the European Union

C 155/7

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Judgment of the Court (Fourth Chamber) of 14 March 2019 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Veiligheid en Justitie v Y.Z., Z.Z., Y.Y.

(Case C-557/17) (1)

(Reference for a preliminary ruling - Right to family reunification - Directive 2003/86/EC - Article 16(2)(a) - Article 17 - Withdrawal of the residence permit of a member of the family of a third-country national - Status of third-country nationals who are long-term residents - Directive 2003/109/EC - Article 9(1)(a) - Loss of that status - Fraud - Lack of knowledge of the fraud)

(2019/C 155/09)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: Staatssecretaris van Veiligheid en Justitie

Defendants: Y.Z., Z.Z., Y.Y.

Operative part of the judgment

| 1. | Article 16(2)(a) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification must be interpreted as meaning that, where falsified documents were produced for the issuing of residence permits to family members of a third-country national, the fact that those family members did not know of the fraudulent nature of those documents does not preclude the Member State concerned, in application of that provision, from withdrawing those permits. In accordance with Article 17 of that directive, it is however for the competent national authorities to carry out, beforehand, a case-by-case assessment of the situation of those family members, by making a balanced and reasonable assessment of all the interests in play. |
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1.

Article 16(2)(a) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification must be interpreted as meaning that, where falsified documents were produced for the issuing of residence permits to family members of a third-country national, the fact that those family members did not know of the fraudulent nature of those documents does not preclude the Member State concerned, in application of that provision, from withdrawing those permits. In accordance with Article 17 of that directive, it is however for the competent national authorities to carry out, beforehand, a case-by-case assessment of the situation of those family members, by making a balanced and reasonable assessment of all the interests in play.

| 2. | Article 9(1)(a) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, must be interpreted as meaning that, where long-term resident status has been granted to third-country nationals on the basis of falsified documents, the fact that those nationals did not know of the fraudulent nature of those documents does not preclude the Member State concerned, in application of that provision, from withdrawing that status. |
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2.

Article 9(1)(a) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, must be interpreted as meaning that, where long-term resident status has been granted to third-country nationals on the basis of falsified documents, the fact that those nationals did not know of the fraudulent nature of those documents does not preclude the Member State concerned, in application of that provision, from withdrawing that status.

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(1)  OJ C 402, 27.11.2017.

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