# C_2012133EN.01001701.xml

| 5.5.2012 | EN | Official Journal of the European Union | C 133/17 |
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5.5.2012

EN

Official Journal of the European Union

C 133/17

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Reference for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 17 February 2012 — Ezatollah Rahmanian Koushkaki v Federal Republic of Germany

(Case C-84/12)

2012/C 133/31

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings

Parties to the main proceedings

Applicant: Rahmanian Koushkaki

Applicant:

Defendant: Federal Republic of Germany

Defendant:

Questions referred

Questions referred

| 1. | In order for the court to direct the defendant to issue a Schengen visa to the applicant, must the court be satisfied that, pursuant to Article 21(1) of the Visa Code, (1) the applicant intends to leave the territory of the Member States before the expiry of the visa applied for, or is it sufficient if the court, after examining Article 32(1)(b) of the Visa Code, has no doubts based on special circumstances as to the applicant’s stated intention to leave the territory of the Member States before the expiry of the visa applied for? |
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1.

In order for the court to direct the defendant to issue a Schengen visa to the applicant, must the court be satisfied that, pursuant to Article 21(1) of the Visa Code, (1) the applicant intends to leave the territory of the Member States before the expiry of the visa applied for, or is it sufficient if the court, after examining Article 32(1)(b) of the Visa Code, has no doubts based on special circumstances as to the applicant’s stated intention to leave the territory of the Member States before the expiry of the visa applied for?

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| 2. | Does the Visa Code establish a non-discretionary right to the issue of a Schengen visa if the entry conditions, in particular those of Article 21(1) of the Visa Code, are satisfied and there are no grounds for refusing the visa pursuant to Article 32(1) of the Visa Code? |
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2.

Does the Visa Code establish a non-discretionary right to the issue of a Schengen visa if the entry conditions, in particular those of Article 21(1) of the Visa Code, are satisfied and there are no grounds for refusing the visa pursuant to Article 32(1) of the Visa Code?

| 3. | Does the Visa Code preclude a national provision whereby a foreigner may, in accordance with Regulation (EC) No 810/2009, be issued with a visa for transit through or an intended stay in the territory of the Schengen States of no more than three months within a six-month period from the date of first entry (Schengen visa)? |
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3.

Does the Visa Code preclude a national provision whereby a foreigner may, in accordance with Regulation (EC) No 810/2009, be issued with a visa for transit through or an intended stay in the territory of the Schengen States of no more than three months within a six-month period from the date of first entry (Schengen visa)?

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(1)  Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ 2009, L 243, p. 1.

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