On the immigrationservice website we read the following:
"In October 2007 the District Court of Zutphen decided that the IND was right in refusing the application for a provisional residence permit for a Moroccan woman who wants to live with her husband in the Netherlands. The husband did not meet the income requirement for family formation of 120% of the minimum wage. The woman appealed against this decision with the Administrative Law Division of the Council of State. She maintains that Dutch policy conflicts with European Family Reunification Directive.
On 23 December 2008 the Administrative Law Division of the Council of State referred to the Court of Justice of the European Communities for a ruling on the questions whether the 120% requirement and the distinction made in Dutch legislation between family reunification and family formation conflict with the European Family Reunification Directive (Directive 2003/86/EC).
Pending the decision of the European Court of Justice, current policy remains unchanged and the income requirement for family formation of 120% of the minimum wage remains effective.