# C_2016335EN.01003401.xml

| 12.9.2016 | EN | Official Journal of the European Union | C 335/34 |
| --- | --- | --- | --- |

12.9.2016

EN

Official Journal of the European Union

C 335/34

---

Reference for a preliminary ruling from the Amtsgericht Kehl (Germany) lodged on 21 June 2016 — Criminal proceedings against C

(Case C-346/16)

(2016/C 335/46)

Language of the case: German

Referring court

Referring court

Amtsgericht Kehl

Parties to the main proceedings

Parties to the main proceedings

C

Other party: Staatsanwaltschaft Offenburg

Other party:

Questions referred

Questions referred

| ‘1. | Must Article 67(2) TFEU and Article 20 and Article 21 of Regulation No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (1) (Schengen Borders Code), 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 search, within an area of up to 30 kilometres 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), for an article, irrespective of the behaviour of the person carrying this article 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.

Must Article 67(2) TFEU and Article 20 and Article 21 of Regulation No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (1) (Schengen Borders Code), 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 search, within an area of up to 30 kilometres 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), for an article, irrespective of the behaviour of the person carrying this article 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. | If the answer to the first question is in the affirmative: Must Article 67(2) TFEU and Article 20 and Article 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 national legislation or practice which permits a criminal court in that Member State to use evidence to the detriment of the accused, although that evidence was obtained as a result of a State measure that infringes EU law?’ |
| --- | --- |

2.

If the answer to the first question is in the affirmative: Must Article 67(2) TFEU and Article 20 and Article 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 national legislation or practice which permits a criminal court in that Member State to use evidence to the detriment of the accused, although that evidence was obtained as a result of a State measure that infringes EU law?’

---

(1)  OJ L 105, p. 1.

1

---