View of the Advocate General — ECLI:EU:C:2012:170
Date: 2012-03-26
Language of the case: German
Subject matter: Area of freedom, security and justice;Border checks
Procedure: Preliminary reference - urgent procedure
Origin: Germany

Summary of the Judgment 1. Questions referred for a preliminary ruling — Urgent preliminary ruling procedure — Conditions — Person sentenced to a term of imprisonment and remanded in custody, the continuation of remand dependent on the Court’s answer (Rules of Procedure of the Court of Justice, Art. 104b) 2. Border controls, asylum and immigration — Visas policy — Community Code on Visas (Visa Code) — Regulation No 810/2009 (European Parliament and Council Regulation No 810/2009, Arts 21 and 34) 1. A request by a referring court for a reference for a preliminary ruling to be dealt with under the urgent procedure provided for under Article 104b of the Rules of Procedure is well founded when the applicant in the main proceedings, who has been sentenced to a term of imprisonment of four years and three months for assisting illegal immigration for financial gain as a member of an organised gang, has been remanded in custody, without interruption, and when, depending on the Court’s answer, he could no longer be the subject of criminal prosecution and his detention would therefore have no legal basis. (see paras 31, 32) 2. Articles 21 and 34 of Regulation No 810/2009 establishing a Community Code on Visas (Visa Code) are to be interpreted as meaning that they do not preclude national provisions under which assisting illegal immigration constitutes an offence subject to criminal penalties in cases in which the persons smuggled, third‑country nationals, hold visas which they obtained fraudulently by deceiving the competent authorities of the Member State of issue as to the true purpose of their journey, without prior annulment of those visas. (see para. 48, operative part)