News

 A reference for a preliminary ruling regarding Article 7(2) of Council Directive 2003/86/EC was published by the CJEU on the 9 January 2015. It was lodged on 21 November 2014 by Verwaltungsgericht Berlin (Germany).
The question referred is the following:
Should the first subparagraph of Article 7(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification be interpreted as precluding a provision of national law which makes the first entry of a member of the family of a sponsor conditional on the requirement that, prior to entry, the family member can demonstrate the ability to communicate, in a basic way, in the German language?

Facts of the case: Mr. Abdida, a Nigerian national diagnosed with AIDS, submitted an application to the Belgian state requesting leave to remain due to medical reasons. Under Belgian law transposing the Qualification Directive the state refused his leave to remain and an order to leave the country was issued. When appealing against this decision, Mr. Abdida was not granted with a remedy having suspensive effect. In addition, during the litigation procedure, Mr. Abdida had his basic social security and medical care withdrawn. Domestic litigation concerning Mr Abdida’s entitlement under EU law to such suspensive remedies and social rights reached the Brussels Employment Court, which referred two questions to the CJEU.

Facts of the case: Boudjlida concerns an Algerian national who was asked to leave French territory within 30 days after his application for a residence permit in France was refused by French authorities. In the context of his appeal to the Pau Administrative Court, that court asked the Court of Justice of the EU (CJEU) to clarify:

- What is the extent of the right to be heard laid down by Article 41 of [the Charter] for an illegally staying third-country national in respect of whom a decision falls to be taken as to whether or not he is to be returned?

References for three identical preliminary rulings concerning Article 33 of Directive 2011/95/EU have been published by the CJEU on the 21 November. They were lodged on the 25 September 2014 by the Bundesverwaltungsgericht (Germany) and the questions of all three references read as follows: