CELEX: 62012CA0023
Language: en
Date: 2013-01-17 00:00:00
Title: Case C-23/12: Judgment of the Court (Fifth Chamber) of 17 January 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — proceedings brought by Mohamad Zakaria (Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Alleged violation of the right to respect for human dignity — Effective judicial protection — Right of access to a court)

2.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/6
            
         Judgment of the Court (Fifth Chamber) of 17 January 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — proceedings brought by Mohamad Zakaria
   (Case C-23/12) (1)
   
   (Regulation (EC) No 562/2006 - Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) - Alleged violation of the right to respect for human dignity - Effective judicial protection - Right of access to a court)
   2013/C 63/09
   Language of the case: Latvian
   
      Referring court
   
   Augstākās tiesas Senāts
   
      Party to the main proceedings
   
   proceedings brought by Mohamad Zakaria
   
      Re:
   
   Request for a preliminary ruling — Augstākās tiesas Senāts — Interpretation of Article 13(3) 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) — Right of appeal of third country nationals in relation to a refusal of entry — Action seeking to have declared unlawful the conduct of border officials during the procedure to authorise the crossing of an external border — Compensation for the non-material harm incurred as a result of such unlawful conduct
   
      Operative part of the judgment
   
   Article 13(3) 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) obliges Member States to establish a means of obtaining redress only against decisions to refuse entry.
   
      (1)  OJ C 80, 17.3.2012.