# C_2006086EN.01000301.xml

| 8.4.2006 | EN | Official Journal of the European Union | C 86/3 |
| --- | --- | --- | --- |

8.4.2006

EN

Official Journal of the European Union

C 86/3

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Grand Chamber)

of 31 January 2006

in Case C-503/03 Commission of the European Communities v Kingdom of Spain (1)

1

(Freedom of movement for persons - Directive 64/221/EEC - National of a third country who is the spouse of a national of a Member State - Right of entry and residence - Restriction imposed on grounds of public policy - Schengen Information System - Alert issued for the purposes of refusing entry)

(2006/C 86/05)

Language of the case: Spanish

In Case C-503/03 Commission of the European Communities (represented by: C. O'Reilly and L. Escobar Guerrero, Agents) v Kingdom of Spain (represented by: M. Muñoz Pérez, Agent) — action under Article 226 EC for failure to fulfil obligations, brought on 27 November 2003 — the Court (Grand Chamber), composed of V. Skouris, President, P. Jann (Rapporteur), C.W.A. Timmermans, A. Rosas, J. Malenovský, Presidents of Chambers, S. von Bahr, J.N. Cunha Rodrigues, R. Silva de Lapuerta, K. Lenaerts, E. Juhász, G. Arestis, A. Borg Barthet and M. Ilešič, Judges; J. Kokott, Advocate General; R. Grass, Registrar, gave a judgment on 31 January 2006, in which it:

| 1. | Declares that, by refusing entry into the territory of the States party to the Agreement on the gradual abolition of checks at their common borders, signed on 14 June 1985 at Schengen, to Mr Farid, and by refusing to issue a visa for the purpose of entry into that territory to Mr Farid and Mr Bouchair, nationals of a third country who are the spouses of Member State nationals, on the sole ground that they were persons for whom alerts were entered in the Schengen Information System for the purposes of refusing them entry, without first verifying whether the presence of those persons constituted a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, the Kingdom of Spain has failed to fulfil its obligations under Articles 1 to 3 of Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health; |
| --- | --- |

1.

Declares that, by refusing entry into the territory of the States party to the Agreement on the gradual abolition of checks at their common borders, signed on 14 June 1985 at Schengen, to Mr Farid, and by refusing to issue a visa for the purpose of entry into that territory to Mr Farid and Mr Bouchair, nationals of a third country who are the spouses of Member State nationals, on the sole ground that they were persons for whom alerts were entered in the Schengen Information System for the purposes of refusing them entry, without first verifying whether the presence of those persons constituted a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, the Kingdom of Spain has failed to fulfil its obligations under Articles 1 to 3 of Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health;

| 2. | Orders the Kingdom of Spain to pay the costs. |
| --- | --- |

2.

Orders the Kingdom of Spain to pay the costs.

---

(1)  OJ C 21, 24.01.2004.

1

---