Case C-606/10: Judgment of the Court (Second Chamber) of 14 June 2012 (reference for a preliminary ruling from the Conseil d'État — France) — Association nationale d’assistance aux frontières pour les étrangers (ANAFE) v Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration (Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Article 13 — Third-country nationals holding a temporary residence permit — National legislation banning the re-entry of those nationals into the territory of the Member State which issued the temporary residence permit in the absence of a re-entry visa — Meaning of ‘re-entry visa’ — Earlier administrative practice authorising re entry without re-entry visa — Need for transitional measures — Absence)
Date: 2012-06-14
Institutions: Court of Justice
Subjects: EU visa policy, Schengen Agreement, border control, residence permit








C_2012227EN.01000301.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/3





Judgment of the Court (Second Chamber) of 14 June 2012 (reference for a preliminary ruling from the Conseil d'État — France) — Association nationale d’assistance aux frontières pour les étrangers (ANAFE) v Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration
(Case C-606/10) (1)

(Regulation (EC) No 562/2006 - Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) - Article 13 - Third-country nationals holding a temporary residence permit - National legislation banning the re-entry of those nationals into the territory of the Member State which issued the temporary residence permit in the absence of a re-entry visa - Meaning of ‘re-entry visa’ - Earlier administrative practice authorising re entry without re-entry visa - Need for transitional measures - Absence)
2012/C 227/04
Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings


Applicant: Association nationale d’assistance aux frontières pour les étrangers (ANAFE)

Defendant: Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration

Re:

Reference for a preliminary ruling — Conseil d’État — Interpretation of Article 5(4)(a) and Article 13 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ 2006 L 105, p. 1) — National rules prohibiting third-country nationals holding a provisional residence permit from re-entering the territory of the Member State which issued that permit where they do not have a re-entry visa issued by the consular or prefectural authorities — Concept of a ‘re-entry visa’ — Permissibility of transitional measures for such nationals who have left the territory — Principles of legal certainty and protection of legitimate expectations

Operative part of the judgment







1.


The rules relating to the refusal of entry to third-country nationals laid down in Article 13 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), as amended by Regulation (EC) No 81/2009 of the European Parliament and of the Council of 14 January 2009, are also applicable to third-country nationals subject to the requirement to obtain a visa who wish to return via the Schengen area external borders to the Member State which issued them with a temporary residence permit but not to enter for that purpose the territory of another Member State;










2.


Article 5(4)(a) of Regulation No 562/2006, as amended by Regulation No 81/2009, must be interpreted as meaning that a Member State which issues to a third-country national a re-entry visa within the meaning of that provision cannot limit entry into the Schengen area solely to points of entry to its national territory;










3.


The principles of legal certainty and protection of legitimate expectations did not require the provision of transitional measures for the benefit of third-country nationals who had left the territory of a Member State when they were holders of temporary residence permits issued pending examination of a first application for a residence permit or an application for asylum and wanted to return to that territory after the entry into force of Regulation No 562/2006, as amended by Regulation No 81/2009.






(1)  OJ C 72, 5.3.2011.