Opinion of the Advocate General — ECLI:EU:C:2006:272
Date: 2006-04-27
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Area of freedom, security and justice;Closer cooperation
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment Visas, asylum, immigration – Convention implementing the Schengen Agreement – Conditions of movement of nationals of a third country not subject to a visa requirement (Convention implementing the Schengen Agreement, Art. 20(1)) Article 20(1) of the Convention implementing the Schengen Agreement is to be interpreted as meaning that the term ‘first entry’ in that provision refers, besides the very first entry into the territory of the States which contracted that agreement, to the first entry into that territory taking place after the expiry of a period of six months from that very first entry and also to any other first entry taking place after the expiry of any new period of six months following an earlier date of first entry. That provision thus allows nationals of a third country not subject to a visa requirement to stay in the Schengen Area for a maximum period of three months during successive periods of six months, provided that each of those periods commences with such a first entry. Moreover, the term ‘first entry’, as thus interpreted, does not in any way deprive the competent national authorities of the power to penalise, in compliance with Community law, a national of a third country whose stay in the Schengen Area has exceeded the maximum period of three months during an earlier period of six months, even if, on the date of the check to which he was subject, his stay in that area has not exceeded three months since the most recent date of first entry. (see paras 29, 31, 43 and operative part)