# C_2019399EN.01003302.xml

| 25.11.2019 | EN | Official Journal of the European Union | C 399/33 |
| --- | --- | --- | --- |

25.11.2019

EN

Official Journal of the European Union

C 399/33

---

Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 25 September 2019 — G.M.A. v Belgian State

(Case C-710/19)

(2019/C 399/39)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: G.M.A.

Defendant: Belgian State

Questions referred

| 1. | Is Article 45 of the Treaty on the Functioning of the European Union to be interpreted and applied as meaning that the host Member State is required (1) to allow jobseekers a reasonable period of time to acquaint themselves with potentially suitable employment opportunities and take the necessary steps to obtain employment, (2) to accept that the time allowed for seeking employment cannot in any circumstances be less than six months, and (3) to permit a jobseeker to stay within its territory for the whole of that period, without requiring him to prove that he has a real chance of obtaining employment? |
| --- | --- |

1.

Is Article 45 of the Treaty on the Functioning of the European Union to be interpreted and applied as meaning that the host Member State is required (1) to allow jobseekers a reasonable period of time to acquaint themselves with potentially suitable employment opportunities and take the necessary steps to obtain employment, (2) to accept that the time allowed for seeking employment cannot in any circumstances be less than six months, and (3) to permit a jobseeker to stay within its territory for the whole of that period, without requiring him to prove that he has a real chance of obtaining employment?

| 2. | Are Articles 15 and 31 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, (1) Articles 41 and 47 of the Charter of Fundamental Rights of the European Union, and the general principles of primacy of EU law and effectiveness of directives, to be interpreted and applied as meaning that the national courts of the host Member State are required, in the context of an action for annulment brought against a decision refusing to recognise a right of residence of more than three months of an EU citizen, to have regard to new facts and matters arising after the decision of the national authorities, where such facts and matters are capable of altering the situation of the person concerned in such a way that it is no longer permissible to restrict his right of residence in the host Member State? |
| --- | --- |

2.

Are Articles 15 and 31 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, (1) Articles 41 and 47 of the Charter of Fundamental Rights of the European Union, and the general principles of primacy of EU law and effectiveness of directives, to be interpreted and applied as meaning that the national courts of the host Member State are required, in the context of an action for annulment brought against a decision refusing to recognise a right of residence of more than three months of an EU citizen, to have regard to new facts and matters arising after the decision of the national authorities, where such facts and matters are capable of altering the situation of the person concerned in such a way that it is no longer permissible to restrict his right of residence in the host Member State?

---

(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).

---