CELEX: 62011CA0300
Language: en
Date: 2013-06-04 00:00:00
Title: Case C-300/11: Judgment of the Court (Grand Chamber) of 4 June 2013 (request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)) — ZZ v Secretary of State for the Home Department (Freedom of movement for persons — Directive 2004/38/EC — Decision refusing a citizen of the European Union admission to a Member State on public security grounds — Article 30(2) of the directive — Obligation to inform the citizen concerned of the grounds of that decision — Disclosure contrary to the interests of State security — Fundamental right to effective judicial protection)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 225/7
            
         Judgment of the Court (Grand Chamber) of 4 June 2013 (request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)) — ZZ v Secretary of State for the Home Department
   (Case C-300/11) (1)
   
   (Freedom of movement for persons - Directive 2004/38/EC - Decision refusing a citizen of the European Union admission to a Member State on public security grounds - Article 30(2) of the directive - Obligation to inform the citizen concerned of the grounds of that decision - Disclosure contrary to the interests of State security - Fundamental right to effective judicial protection)
   2013/C 225/10
   Language of the case: English
   
      Referring court
   
   Court of Appeal (England and Wales) (Civil Division)
   
      Parties to the main proceedings
   
   
      Appellant: ZZ
   
      Respondent: Secretary of State for the Home Department
   
      Re:
   
   Request for a preliminary ruling — the Court of Appeal (England and Wales) (Civil Division) — Interpretation of Article 30(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 (OJ 2004 L 158, p. 77) in the light of Article 346(1)(a) TFEU — Right to effective judicial protection — Decision to exclude a citizen of a Member State from the territory of another Member State on grounds of public security — Obligation to inform the citizen concerned of the reasons for his exclusion in spite of the fact that the authorities responsible consider such disclosure contrary to the interests of State security
   
      Operative part of the judgment
   
   Articles 30(2) and 31 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, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as requiring the national court with jurisdiction to ensure that failure by the competent national authority to disclose to the person concerned, precisely and in full, the grounds on which a decision taken under Article 27 of that directive is based and to disclose the related evidence to him is limited to that which is strictly necessary, and that he is informed, in any event, of the essence of those grounds in a manner which takes due account of the necessary confidentiality of the evidence.
   
      (1)  OJ C 252, 27.8.2011.