Skip Ribbon Commands
Skip to main content
European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 13/03/2019
Type : Judgment
ECLI : ECLI:EU:C:2019:192
Case Number/Citation/ Document Symbol : C‑635/17

E. vs Staatssecretaris van Veiligheid en Justitie (NL)

This request for a preliminary ruling concerns the interpretation of Article 3(2)(c) and Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification and Exclusion of persons benefiting from subsidiary protection

The Court (Second Chamber) ruled:

  1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law.
  2.  Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.

Assessment of Application; Exclusion; Family Reunification; Subsidiary Protection;

Family Reunification Directive (Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification); Treaty on the Functioning of the European Union;

EASO IDS

European Union,EU: Court of Justice of the European Union [CJEU], E. vs Staatssecretaris van Veiligheid en Justitie (NL), 13/03/2019, ECLI:EU:C:2019:192
CJEU rules on documentary evidence in the course of family reunification

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=743