12.8.2006   

EN

Official Journal of the European Union

C 190/1


Judgment of the Court (Grand Chamber) of 27 June 2006 — European Parliament v Council of the European Union

(Case C-540/03) (1)

(Immigration policy - Right to family reunification of minor children of third country nationals - Directive 2003/86/EC - Protection of fundamental rights - Right to respect for family life - Obligation to have regard to the interests of minor children)

(2006/C 190/02)

Language of the case: French

Parties

Applicant: European Parliament (represented by: H. Duintjer Tebbens and A. Caiola, Agents)

Defendant: Council of the European Union (represented by: O. Petersen and M. Simm, Agents)

Interveners in support of the defendant: Commission of the European Communities (represented by: C. O'Reilly and C. Ladenburger, Agents) and Federal Republic of Germany (represented by: A. Tiemann, W.-D. Plessing and M. Lumma, Agents)

Re:

Annulment of the last subparagraph of Article 4(1), Article 4(6) and Article 8 of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12) — Derogations from the right to family reunification of minor children.

Operative part of the judgment

The Court:

1)

Dismisses the application;

2)

Orders the European Parliament to pay the costs;

3)

Orders the Federal Republic of Germany and the Commission of the European Communities to bear their own costs.


(1)  OJ C 47, 21.02.2004.