Communication: new case No. 0745 of 2021

IDENTIFIER
62021CN0745
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



28.3.2022   

EN

Official Journal of the European Union

C 138/5


Request for a preliminary ruling from the Rechtbank den Haag zittingsplaats Zwolle (Netherlands) lodged on 2 December 2021 — L.G. v Staatssecretaris van Justitie en Veiligheid

(Case C-745/21)

(2022/C 138/06)

Language of the case: Dutch

Referring court

Rechtbank den Haag zittingsplaats Zwolle

Parties to the main proceedings

Applicant: L.G.

Defendant: Staatssecretaris van Justitie en Veiligheid

Questions referred

1.

Does EU law preclude, in the determination by the Member State responsible for examining an asylum application, the attribution of an independent significance, pursuant to a provision of national law, to the interests of a child with which the applicant was pregnant at the time the application was made?

2.

a.

Does Article 16(1) of Regulation No 349/2001 (1) preclude the application of this provision where the applicant’s spouse is legally resident in the Member State to which the application is made?

b.

If that is not the case, did the applicant’s pregnancy entail dependence, within the meaning of that provision, on the husband by whom she was pregnant?

3.

If EU law does not preclude, in the determination by the Member State responsible for examining an asylum application, the attribution of an independent significance, pursuant to a provision of national law, to the interests of an unborn child, can Article 16(1) of Regulation No 343/2003 apply to the relationship between the unborn child and the father of that unborn child who is legally resident in the Member State to which the application is made?


(1)  Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ 2013 L 180, p. 31).



Citations

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