Judgment — ECLI:EU:C:2009:230
Date: 2009-04-02
Language of the case: German
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Area of freedom, security and justice;Border checks
Concepts: Crossing of external borders
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Visas, asylum, immigration – Crossing of the Member States’ external borders – Conditions of movement of third country nationals subject to a visa requirement (Council Regulation No 539/2001, Arts 1(1) and 2; European Parliament and Council Decision No 896/2006) Decision No 896/2006 establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory must be interpreted as meaning that the residence permits listed in the annex to that decision, issued by the Swiss Confederation or the Principality of Liechtenstein to third‑country nationals subject to a visa requirement, are considered to be equivalent to a transit visa only. As regards entering the territory of the Member States for the purpose of transit, the requirements laid down in Articles 1(1) and 2 of Regulation No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement are fulfilled if the person covered by that decision is in possession of a residence permit issued by the Swiss Confederation or the Principality of Liechtenstein and listed in the annex to that decision. (see para. 32, operative part)