Language of document :

Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 14 November 2018 — X v Belgische Staat

(Case C-706/18)

Language of the case: Dutch

Referring court

Raad voor Vreemdelingenbetwistingen

Parties to the main proceedings

Applicant: X

Defendant: Belgische Staat

Question referred

Does Directive 2003/86/EC 1  — having regard to Article 3(5), as well as the objective thereof, in particular, the determination of the conditions for the exercise of the right to family reunification — preclude national legislation which requires that Article 5(4) of Directive 2003/86/EC be interpreted as meaning that the consequence of no decision having been taken by the expiry of the prescribed period is that national authorities are under an obligation to grant, of their own motion, a residence permit to the person concerned, without first establishing that that person in fact satisfies the conditions for residence in Belgium in conformity with EU law?


1     Council Directive of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).