Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 13 September 2013 – Mohamed Ali Ben Alaya v Federal Republic of Germany

(Case C-491/13)

Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Applicant: Mohamed Ali Ben Alaya

Defendant: Federal Republic of Germany

Question referred

Does Council Directive 2004/114/EC ¹ of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service establish a non-discretionary right to a visa for the purposes of studies and the subsequent residence permit under Article 12 of the so called ‘Student Directive’, if the ‘conditions of admission’, namely those listed in Articles 6 and 7 of the directive, are met and there are no grounds for refusing the visa under Article 6(1)(d) of the directive?

____________

____________

¹ OJ 2004 L 375, p. 12.