CELEX: E2020P0001
Language: en
Date: 2020-03-03 00:00:00
Title: Request for an Advisory Opinion from the EFTA Court by Norges Høyesterett dated 3 March 2020 in the case of Abdulkerim Kerim v The Norwegian Government (Case E-1/20) 2020/C 218/08

2.7.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 218/13
            
         
      Request for an Advisory Opinion from the EFTA Court by Norges Høyesterett dated 3 March 2020 in the case of Abdulkerim Kerim v The Norwegian Government
      (Case E-1/20)
      (2020/C 218/08)
      A request has been made to the EFTA Court dated 3 March 2020 from Norges Høyesterett (the Supreme Court of Norway), which was received at the Court Registry on 3 March 2020, for an Advisory Opinion in the case of Abdulkerim Kerim v The Norwegian Government on the following questions:
      Which criteria should be the basis for determining whether one is faced with a marriage of convenience covered by the abuse rule in Article 35 of Directive 2004/38/EC? It would be useful if the EFTA Court could especially comment on the following:
      
                  a)
               
               
                  Does the EEA citizen’s subjective intention for entering into the marriage have any significance for the determination of whether one is faced with a marriage of convenience?
               
            
                  b)
               
               
                  If the third country national’s intention is the key factor for determining whether one is faced with a marriage of convenience within the meaning of the Directive, is it a requirement that the third country national’s wish for a right of residence was the sole purpose for entering into the marriage, or is it sufficient that it was the main purpose for entering into the marriage?