CELEX: 62012CN0023
Language: en
Date: 2012-01-17 00:00:00
Title: Case C-23/12: Reference for a preliminary ruling from the Augstākās tiesas Senāts (Latvia) lodged on 17 January 2012 — Mohamad Zakaria

17.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/12
            
         Reference for a preliminary ruling from the Augstākās tiesas Senāts (Latvia) lodged on 17 January 2012 — Mohamad Zakaria
   (Case C-23/12)
   2012/C 80/18
   Language of the case: Latvian
   
      Referring court
   
   Augstākās tiesas Senāts/Latvia
   
      Parties to the main proceedings
   
   
      Applicant: Mohamad Zakaria
   
      Questions referred
   
   
               1.
            
            
               Does Article 13(3) of Regulation (EC) No 562/2006 (1) 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) provide persons with a right of appeal not only against a decision refusing entry into a country, but also against infringements committed in the procedure leading to the adoption of a decision authorising entry?
            
         
               2.
            
            
               If question 1 is answered in the affirmative, in the light of recital 20 in the preamble to, and Article 6(1) of, Regulation No 562/2006, and Article 47 of the Charter of Fundamental Rights of the European Union, does Article 13(3) of Regulation No 562/2006 require the Member States to guarantee an effective remedy before a court of law?
            
         
               3.
            
            
               If question 1 is answered in the affirmative and question 2 in the negative, in the light of recital 20 in the preamble to, and Article 6(1) of, Regulation No 562/2006, and Article 47 of the Charter of Fundamental Rights of the European Union, does Article 13(3) of Regulation No 562/2006 require the Member States to guarantee an effective remedy before an administrative body which, from an institutional and functional perspective, provides the same guarantees as a court of law?
            
         
      (1)  OJ 2006 L 105, p. 1.