Case C-139/08: Judgment of the Court (Third Chamber) of 2 April 2009 (reference for a preliminary ruling from the Oberlandesgericht Karlsruhe — Germany) — Criminal proceedings against Rafet Kqiku (Visas, asylum, immigration — Third-country national holding a Swiss residence permit — Entry of and stay in the territory of a Member State for purposes other than transit — Lack of a visa)
Date: 2009-04-02
Institutions: Court of Justice
Subjects: EU visa policy, Germany, Liechtenstein, Switzerland, admission of aliens, border control, foreign national, interpretation of the law, residence permit, transit








C_2009141EN.01001801.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/18





Judgment of the Court (Third Chamber) of 2 April 2009 (reference for a preliminary ruling from the Oberlandesgericht Karlsruhe — Germany) — Criminal proceedings against Rafet Kqiku
(Case C-139/08) (1)

(Visas, asylum, immigration - Third-country national holding a Swiss residence permit - Entry of and stay in the territory of a Member State for purposes other than transit - Lack of a visa)
2009/C 141/29
Language of the case: Germany

Referring court

Oberlandesgericht Karlsruhe

Party/parties in the main proceedings

Rafet Kqiku

Re:

Reference for a preliminary ruling — Oberlandesgericht Karlsruhe (Germany) — Interpretation of Articles 1 and 2 of Decision No 896/2006/EC of the European Parliament and of the Council of 14 June 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 (OJ 2006 L 167, p. 8) — Possibility for a national of the former State Union of Serbia and Montenegro residing in Switzerland and holding a Swiss type C permanent resident permit to enter the territory of the Federal Republic of Germany for purposes other than transit and to remain there for two days without a visa

Operative part of the judgment

The Court:
Decision No 896/2006/EC of the European Parliament and of the Council of 14 June 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 Council Regulation (EC) No 539/2001 of 15 March 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 which is listed in the annex to that decision.


(1)  OJ C 183, 19.07.2008.