CELEX: 62018CN0302
Language: en
Date: 2018-05-04 00:00:00
Title: Case C-302/18: Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 4 May 2018 — X v Belgische Staat

201807200372013542018/C 276/283022018CJC27620180806EN01ENINFO_JUDICIAL20180504202011Case C-302/18: Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 4 May 2018 — X v Belgische Staat
 ---documentbreak--- C2762018EN2010120180504EN0028201201Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 4 May 2018 — X v Belgische Staat
   (Case C-302/18)2018/C 276/28Language of the case: Dutch
      Referring court
   
   Raad voor Vreemdelingenbetwistingen
   
      Parties to the main proceedings
   
   
      Applicant: X
   
      Defendant: Belgische Staat
   
      Questions referred
   
   
            1.
         
         
            Should Article 5(1)(a) of Directive 2003/109/EC, (
                  1
               ) which provides (inter alia) that, in order to acquire long-term resident status, third-country nationals must prove that they ‘have’, for themselves and for dependent family members, stable and regular resources which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance system of the Member State concerned, be interpreted as meaning that it is only the third-country national’s ‘own resources’ that are concerned?
         
      
            2.
         
         
            If not, is it sufficient for those resources to be at the disposal of a third-country national, without any requirement regarding the origin of those resources being imposed, so that those resources can be made available to the third-country national also by a family member or by another third-country national?
         
      
            3.
         
         
            If the last question is answered in the affirmative, is it sufficient that a commitment of cost bearing is entered into by a third-country national whereby that third-country national undertakes to ensure that the applicant for long-term resident status ‘has, for himself/herself and for his/her dependent family members, stable, regular and sufficient resources to maintain himself/herself and the members of his/her family to avoid becoming a burden for the State’ in order to prove that the applicant has resources within the meaning of Article 5(1)(a) of Directive 2003/109/EC?
         
      (
         1
      )	Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).