You are here:

Luxembourg / Administrative Court / 29435Ca

Mme ... et consorts v ministre du Travail, de l’Emploi et de l’Immigration en matière de police des étrangers

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Luxembourg / Administrative Court
Decision date:

Key facts of the case:

Ms ..., from Togo, had two children born in France and with French nationality. She applied for a family member residence permit in Luxembourg, which was refused by the Minister of Labour, Employment and Immigration (herewith ‘Minister’) because according to ational legislation this type of residence permit could only be granted to family members in the ascending line of the applicant. Ms ... brought an action before the Administrative Tribunal seeking the annulment of the Minister’s decision. The Administrative Tribunal dismissed the case and Ms ... filed an appeal to the Administrative Court. Ms ... also suggested to the Administrative Court that a question for preliminary ruling would be addressed to the Court of Justice of the European Union, which the Administrative Court did. The question addressed concerned the rights of citizens of the Union, namely the interpretation of Articles 20 and 21 of the Treaty on the Functioning of the European Union. Considering the CJUE preliminary ruling, the Administrative Court concluded that in the case at present Articles 20 and 21 of the TFEU could be interpreted in such a way as not opposed to a refusal of residence in Luxembourgish territory, since the fact that the children would have to leave the territory of Luxembourg would not mean that they also qould have to necessarily leave from the EU territory (they could still live in France, the country of their nationality). Furthermore, the Court did not consider the refusal of a resident permit in this situation to be in breach of the principle of equality as provided for in Article 111 of the Constitution, nor in breach of article 8 of the European Convention on Human Rights.