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CJEU - C‑540/03, European Parliament v Council of the European Union

The European Parliament sought the annulment of Article 4(1), Article 4(6) and Article 8 of the Family Reunification Directive, as being incompatible with the right to respect for family life and non-discrimination based on age.

The Court found that these provisions created a limited margin of appreciation for Member States which was no greater than that allowed for in ECtHR case law, and could be exercised compatibly with fundamental rights.

Date of decision: 27-06-2006
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 7,Article 21,Article 24,EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,Article 3,Article 4,Article 5,Article 8,Article 16,Article 17,Article 18,Article 8,UN Convention on the Rights of the Child,EN - Treaty on European Union,Article 6