Case C-520/25, Ministerio de Inclusión, Seguridad Social y Migraciones: Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid (Spain) lodged on 31 July 2025 – JJBP v Ministerio de Inclusión, Seguridad Social y Migraciones
Date: 2025-07-31
Institutions: Court of Justice
Subjects: EU national, European citizenship, criminal record, foreign national, free movement of persons, migrant worker, occupational migration, professional qualifications, residence permit








C_202505576EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5576


27.10.2025






Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid (Spain) lodged on 31 July 2025 – JJBP v Ministerio de Inclusión, Seguridad Social y Migraciones


(Case C-520/25, Ministerio de Inclusión, Seguridad Social y Migraciones)

(C/2025/5576)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Madrid

Parties to the main proceedings


Applicant: JJBP

Defendant: Ministerio de Inclusión, Seguridad Social y Migraciones

Questions referred







1.


Must a rule such as that at issue in the main proceedings (Article 71(3) and Article 76(3) LAEI), which applies without distinction to foreign nationals who are covered by the Blue Card scheme for highly qualified professionals set out in Directive 2021/1883 (1) of the European Parliament and of the Council of 20 October 2021 and to workers covered by a national scheme who are excluded from the Blue Card scheme (Article 3(3) of that directive) and which, moreover, lays down the same conditions for the renewal of residence permits for highly qualified workers regardless of whether or not they are subject to that directive, satisfy the conditions laid down in Article 8 of Directive 2021/1883 of the European Parliament and of the Council?










2.


Is a rule such as that applicable to the main proceedings, which applies both to workers subject to Directive 2021/1883 of the European Parliament and of the Council of 20 October 2021 and to workers who are not subject to that directive, and which prevents the renewal of a temporary residence permit merely on the ground of the existence of a criminal record without any assessment of its importance, nature or scope, consistent with Article 8 of Directive 2021/1883 of the European Parliament and of the Council of 20 October 2021?










3.


Is a rule such as that applicable to the dispute in the main proceedings, which prevents the renewal of a residence permit for highly qualified workers merely on the ground of the existence of a criminal record without regard to its seriousness or importance, consistent with Article 20 TFEU in so far as it could affect the worker’s minor and very young daughters and the spouse, who are Spanish nationals and therefore EU citizens, with whom the worker lives, giving rise to the risks described by the [Court of Justice] in Case C-34/09 of 8 March 2011? (2)











4.


Is a rule such as that at issue in the dispute in the main proceedings, which prevents the renewal of a residence permit for highly qualified workers merely on the ground of the existence of a criminal record without regard to its seriousness or importance, consistent with Article 7 of the Charter of Fundamental Rights of the European Union?






(1)  Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (OJ 2021 L 382, p. 1).

(2)  Judgment of 8 March 2011, Ruiz Zambrano (C-34/09, EU:C:2011:124).


ELI: http://data.europa.eu/eli/C/2025/5576/oj
ISSN 1977-091X (electronic edition)