CJEU - C 338/13 / Opinion

 

(Right to family reunification — Directive 2003/86/EC — Article 4(5) — Provision of national law under which the sponsor and his/her spouse must have reached the age of 21 before submitting an application for family reunification)

 

 

68. For the reasons set out above, I therefore propose that the Court give the following answer to the question referred by the Verwaltungsgerichtshof:

 

Article 4(5) Directive 2003/86 on the right to family reunification precludes a rule whereby the minimum age which, pursuant to that provision, the Member States may require to be reached before the spouse may join the sponsor must necessarily have been reached by both of them by the time the application for family reunification is submitted in order for it to be possible to grant that application.