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 — Maahanmuuttovirasto
(Case C-357/11)
2011/C 269/75
Language of the case: Finnish
Referring court
Korkein hallinto-oikeus
Parties to the main proceedings
Appellant: Maahanmuuttovirasto
Other party: L
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 his spouse is the carer of a child who is a citizen of the Union and the third-country national is not that child’s parent or carer and does not live with his spouse or with that child?
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, and does not live in Finland, and his spouse have a child, in their joint care and living in Finland, who is a third-country national?
Full & Egal Universal Law Academy