# C_2011072EN.01001201.xml

| 5.3.2011 | EN | Official Journal of the European Union | C 72/12 |
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5.3.2011

EN

Official Journal of the European Union

C 72/12

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Reference for a preliminary ruling from the Conseil d’Etat (France) lodged on 22 December 2010 — Association nationale d’assistance aux frontières pour les étrangers (Anafé) v Ministre de l’intérieur, de l’outre-mer, des collectivités territoriales et de l’immigration

(Case C-606/10)

2011/C 72/20

Language of the case: French

Referring court

Referring court

Conseil d’Etat

Parties to the main proceedings

Parties to the main proceedings

Applicant: Association nationale d’assistance aux frontières pour les étrangers (Anafé)

Applicant:

Defendant: Ministre de l’intérieur, de l’outre-mer, des collectivités territoriales et de l’immigration

Defendant:

Questions referred

Questions referred

| 1. | Does Article 13 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1) apply to re-entry by a third-country national into the territory of a Member State which has issued that person with a temporary residence permit, where re-entry into its territory does not require entry, transit or stay in the territory of the other Member States? |
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1.

Does Article 13 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1) apply to re-entry by a third-country national into the territory of a Member State which has issued that person with a temporary residence permit, where re-entry into its territory does not require entry, transit or stay in the territory of the other Member States?

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| 2. | In what circumstances may a Member State issue to third-country nationals a ‘re-entry visa’ within the meaning of Article 5(4)(a) of that regulation? In particular, may such a visa limit entry only to points of entry into the territory of that State? |
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2.

In what circumstances may a Member State issue to third-country nationals a ‘re-entry visa’ within the meaning of Article 5(4)(a) of that regulation? In particular, may such a visa limit entry only to points of entry into the territory of that State?

| 3. | In so far as Regulation No 562/2006 excludes all possibility of entry into the territory of the Member States for third-party nationals who hold only a temporary residence permit issued pending examination of a first application for a residence permit or an application for asylum, contrary to what was allowed under the Convention of 19 June 1990 implementing the Schengen Agreement, in the version prior to its amendment by that regulation, did the principles of legal certainty and protection of legitimate expectations require that transitional measures should be laid down in respect of third-country nationals who left the territory of those States when they were holders of only a temporary residence permit issued pending examination of a first application for a residence permit or an application for asylum, and wish to return there after the entry into force of Regulation No 562/2006? |
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3.

In so far as Regulation No 562/2006 excludes all possibility of entry into the territory of the Member States for third-party nationals who hold only a temporary residence permit issued pending examination of a first application for a residence permit or an application for asylum, contrary to what was allowed under the Convention of 19 June 1990 implementing the Schengen Agreement, in the version prior to its amendment by that regulation, did the principles of legal certainty and protection of legitimate expectations require that transitional measures should be laid down in respect of third-country nationals who left the territory of those States when they were holders of only a temporary residence permit issued pending examination of a first application for a residence permit or an application for asylum, and wish to return there after the entry into force of Regulation No 562/2006?

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(1)  OJ L 105, p. 1.

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