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20.11.2019 – Court of Justice - Judgment - Directive 2003/86/EC - X v. Belgische Staat - Affaire C-706/18

Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Right to family reunification — Directive 2003/86/EC — Article 5(4) — Decision concerning the application for family reunification — Consequences of failure to comply with the time limit for taking a decision — Automatic issue of a residence permit

On those grounds, the Court (Sixth Chamber) hereby rules:

Council Directive 2003/86/EC of 22 September 2003 on family reunification must be interpreted as precluding national legislation under which, in the absence of a decision being adopted within six months of the date on which the application for family reunification was lodged, the competent national authorities must automatically issue a residence permit to the applicant, without necessarily having to establish in advance that the latter actually meets the requirements for residence in the host Member State in accordance with EU law.

Source: Court of Justice

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