Case C-62/23, Pedro Francisco: Judgment of the Court (Tenth Chamber) of 13 June 2024 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo no 5 de Barcelona – Spain) – Pedro Francisco v Subdelegación del Gobierno en Barcelona (Reference for a preliminary ruling – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health – Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society – Refusal to issue a temporary residence card of a family member of a Union citizen due to a police record – Unfavourable police report due to arrest)
Date: 2024-06-13
Institutions: Court of Justice
Subjects: EU national, arrest, criminal record, family relationship, freedom of movement, public safety, residence permit








C_202404563EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4563


29.7.2024






Judgment of the Court (Tenth Chamber) of 13 June 2024 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo no 5 de Barcelona – Spain) – Pedro Francisco v Subdelegación del Gobierno en Barcelona


(Case C-62/23,
                (1)
Pedro Francisco)

(Reference for a preliminary ruling - Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States - Directive 2004/38/EC - Article 27 - Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health - Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society - Refusal to issue a temporary residence card of a family member of a Union citizen due to a police record - Unfavourable police report due to arrest)
(C/2024/4563)
Language of the case: Spanish

Referring court

Juzgado de lo Contencioso-Administrativo no 5 de Barcelona

Parties to the main proceedings


Applicant: Pedro Francisco

Defendant: Subdelegación del Gobierno en Barcelona

Operative part of the judgment

Article 27(1) and (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 it does not preclude a competent national authority from taking into account a previous arrest of the person concerned in order to assess whether that person’s conduct constitutes a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, provided that, in the overall assessment of that conduct, the facts on which that arrest is based, and the possible legal consequences thereof, are taken into consideration, expressly and in detail.


(1)  
            OJ C 173, 15.5.2023.


ELI: http://data.europa.eu/eli/C/2024/4563/oj
ISSN 1977-091X (electronic edition)