10.9.2011
EN
Official Journal of the European Union
C 269/36
Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 7 July 2011 — O, S
(Case C-356/11)
2011/C 269/74
Language of the case: Finnish
Referring court
Korkein hallinto-oikeus
Parties to the main proceedings
Appellants: O, S
Other party: Maahanmuuttovirasto
Questions referred
1.
Does Article 20 TFEU preclude a third-country national from being refused a residence permit because of lack of means of subsistence in a family situation in which a child who is a citizen of the Union is cared for by his spouse and the third-country national is not that child’s parent or carer?
2.
If the answer to Question 1 is in the negative, must the effect of Article 20 TFEU be assessed differently if the third-country national who does not have a residence permit, his spouse, and the child who is cared for by the spouse and has Union citizenship live together?
Full & Egal Universal Law Academy