Language of document :

Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 19 February 2019 — B.M.M., B.S. v État belge

(Case C-133/19)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicants: B.M.M., B.S.

Defendant: État belge

Questions referred

In order to ensure the effectiveness of EU law and not to render it impossible to benefit from the right to family reunification which, in the second applicant’s submission, is conferred on her by Article 4 of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, 1 must that provision be interpreted as meaning that the sponsor’s child may enjoy the right to family reunification when he attains his majority during the judicial proceedings against the decision which refuses him that right and which was taken when he was still a minor?

Must Article 47 of the Charter of Fundamental Rights of the European Union and Article 18 of Directive 2003/86/EC be interpreted as precluding an action for annulment, brought against the refusal of a right to family reunification of a minor child, being held to be inadmissible on the ground that the child has attained his majority during the judicial proceedings, since he would be deprived of the possibility of securing a determination of his action against that decision and there would be a breach of his right to an effective remedy?


1 OJ 2003 L 251, p. 12.