Language of document :

Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 4 May 2018 — X v Belgische Staat

(Case C-302/18)

Language of the case: Dutch

Referring court

Raad voor Vreemdelingenbetwistingen

Parties to the main proceedings

Applicant: X

Defendant: Belgische Staat

Questions referred

Should Article 5(1)(a) of Directive 2003/109/EC, 1 which provides (inter alia) that, in order to acquire long-term resident status, third-country nationals must prove that they ‘have’, for themselves and for dependent family members, stable and regular resources which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance system of the Member State concerned, be interpreted as meaning that it is only the third-country national’s “own resources” that are concerned?

If not, is it sufficient for those resources to be at the disposal of a third-country national, without any requirement regarding the origin of those resources being imposed, so that those resources can be made available to the third-country national also by a family member or by another third-country national?

If the last question is answered in the affirmative, is it sufficient that a commitment of cost bearing is entered into by a third-country national whereby that third-country national undertakes to ensure that the applicant for long-term resident status ‘has, for himself/herself and for his/her dependent family members, stable, regular and sufficient resources to maintain himself/herself and the members of his/her family to avoid becoming a burden for the State’ in order to prove that the applicant has resources within the meaning of Article 5(1)(a) of Directive 2003/109/EC?


1     Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).