Language of document :

Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 19 March 2013 - Naime Dogan v Federal Republic of Germany

(Case C-138/13)

Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Applicant: Naime Dogan

Defendant: Federal Republic of Germany

Questions referred

Does Article 41(1) of the Additional Protocol of 23 November 1970 to the Agreement of 12 September 1963 establishing an Association between the European Economic Community and Turkey for the transitional stage of the Association (Additional Protocol) preclude a provision of national law which was introduced for the first time after the abovementioned provisions had come into force and which makes the first entry of a member of the family of a Turkish national who enjoys the legal status under Article 41(1) of the Additional Protocol 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?

Does the first subparagraph of Article 7(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification  preclude the provision of national law mentioned in Question 1?


1 - OJ 2003 L 251, p. 12.