Judgment of the Court (Third Chamber) of 7 November 2018 (request for a preliminary ruling from the Raad van State — Netherlands) — K v Staatssecretaris van Veiligheid en Justitie

(Case C-484/17) (1)

((Reference for a preliminary ruling - Directive 2003/86/EC - Right to family reunification - Article 15 - Refusal to grant an autonomous residence permit - National legislation providing for a requirement to pass a civic integration examination))

(2019/C 16/26)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Appellant: K

Respondent: Staatssecretaris van Veiligheid en Justitie

Operative part of the judgment

Article 15(1) and (4) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification does not preclude national legislation, such as that at issue in the main proceedings, which permits an application for an autonomous residence permit, lodged by a third country national who has resided over five years in a Member State by virtue of family reunification, to be rejected on the ground that he has not shown that he has passed a civic integration test on the language and society of that Member State provided that the detailed rules for the requirement to pass that examination do not go beyond what is necessary to attain the objective of facilitating the integration of those third country nationals, which is for the referring court to ascertain.

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(1)  OJ C 374, 6.11.2017.