# C_2016136EN.01000801.xml

| 18.4.2016 | EN | Official Journal of the European Union | C 136/8 |
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18.4.2016

EN

Official Journal of the European Union

C 136/8

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Request for a preliminary ruling from the Amtsgericht Kehl (Germany) lodged on 7 January 2016 — Criminal proceedings against A

(Case C-9/16)

(2016/C 136/13)

Language of the case: German

Referring court

Referring court

Amtsgericht Kehl

Party to the main proceedings

Party to the main proceedings

A

Other party: Staatsanwaltschaft Offenburg

Other party:

Questions referred

Questions referred

| 1. | Must Article 67(2) TFEU and Articles 20 and 21 of Regulation No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1), or any other rules of EU law, be interpreted as precluding national legislation which grants the police authorities of the Member State in question the power to check, within an area of up to 30 km from the land border of that Member State with the States party to the Convention implementing the Schengen Agreement of 14 June 1985 (Convention implementing the Schengen Agreement) (2), the identity of any person, irrespective of his behaviour and of specific circumstances, with a view to impeding or stopping unlawful entry into the territory of that Member State or to preventing certain criminal acts directed against the security or protection of the border or committed in connection with the crossing of the border, in the absence of any temporary reintroduction of border controls at the relevant internal border pursuant to Article 23 et seq. of the Schengen Borders Code? |
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1.

Must Article 67(2) TFEU and Articles 20 and 21 of Regulation No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1), or any other rules of EU law, be interpreted as precluding national legislation which grants the police authorities of the Member State in question the power to check, within an area of up to 30 km from the land border of that Member State with the States party to the Convention implementing the Schengen Agreement of 14 June 1985 (Convention implementing the Schengen Agreement) (2), the identity of any person, irrespective of his behaviour and of specific circumstances, with a view to impeding or stopping unlawful entry into the territory of that Member State or to preventing certain criminal acts directed against the security or protection of the border or committed in connection with the crossing of the border, in the absence of any temporary reintroduction of border controls at the relevant internal border pursuant to Article 23 et seq. of the Schengen Borders Code?

1

2

| 2. | Must Article 67(2) TFEU and Articles 20 and 21 of Regulation No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), or any other rules of EU law, be interpreted as precluding a rule of national law which grants the police authorities of the Member State in question the power briefly to stop and question any person on a train or on the premises of the railways of that Member State, with a view to impeding or stopping unlawful entry into the territory of that Member State, and to request that person to produce for purposes of checking the identity documents or border crossing papers he is carrying and visually inspect the articles he is carrying, if, on the basis of known facts or border police experience, it may be presumed that such trains or railway premises are used for unlawful entry and that entry is effected from a State party to the Convention implementing the Schengen Agreement of 14 June 1985 (Convention implementing the Schengen Agreement), in the absence of any temporary reintroduction of border controls at the relevant internal border pursuant to Article 23 et seq. of the Schengen Borders Code? |
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2.

Must Article 67(2) TFEU and Articles 20 and 21 of Regulation No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), or any other rules of EU law, be interpreted as precluding a rule of national law which grants the police authorities of the Member State in question the power briefly to stop and question any person on a train or on the premises of the railways of that Member State, with a view to impeding or stopping unlawful entry into the territory of that Member State, and to request that person to produce for purposes of checking the identity documents or border crossing papers he is carrying and visually inspect the articles he is carrying, if, on the basis of known facts or border police experience, it may be presumed that such trains or railway premises are used for unlawful entry and that entry is effected from a State party to the Convention implementing the Schengen Agreement of 14 June 1985 (Convention implementing the Schengen Agreement), in the absence of any temporary reintroduction of border controls at the relevant internal border pursuant to Article 23 et seq. of the Schengen Borders Code?

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(1)  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) (OJ 2006 L 105, p. 1).

1

(2)  Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ 2000 L 239, p. 19).

2

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