Judgment — ECLI:EU:C:2017:542
Date: 2017-07-13
Language of the case: Spanish
Court formation: Third Chamber
Subject matter: Citizenship of the Union;Area of freedom, security and justice;Border checks
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary — Judgment of the Court (Third Chamber), 13 July 2017 Citizenship of the Union — Right to move and reside freely in the territory of the Member States — Directive 2004/38 — Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health — Conduct representing a sufficiently serious present and genuine threat for a fundamental interest of society — Concept of genuine and present threat — Person imprisoned at the time the expulsion decision was adopted, without the prospect of being released in the near future — Included (European Parliament and Council Directive 2004/38, Art. 27(2), second para.) The second subparagraph of Article 27(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, must be interpreted as meaning that the fact that a person is imprisoned at the time the expulsion decision was adopted, without the prospect of being released in the near future, does not exclude that his conduct represents, as the case may be, a present and genuine threat for a fundamental interest of the society of the host Member State. (see para. 27, operative part)