CELEX: 62019CN0193
Language: en
Date: 2019-02-27 00:00:00
Title: Case C-193/19: Request for a preliminary ruling from the Förvaltningsrätten i Malmö (Sweden) lodged on 27 February 2019 — A v Migrationsverket

6.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/34
            
         
      Request for a preliminary ruling from the Förvaltningsrätten i Malmö (Sweden) lodged on 27 February 2019 — A v Migrationsverket
      (Case C-193/19)
      (2019/C 155/40)
      Language of the case: Swedish
      
         Referring court
      
      Förvaltningsrätten i Malmö
      
         Parties to the main proceedings
      
      Applicant: A
      
         Defendant: Migrationsverket
      
         Questions referred
      
      
                  1.
               
               
                  Do the provisions of the Schengen Convention, including, in particular, the provisions on the systematic consultation of the SIS and the Schengen Borders Code and including, in particular, the requirement to hold a valid passport laid down therein, constitute obstacles to the grant of residence permits on the basis of applications which were submitted in Sweden and which are not based on grounds of protection or humanitarian grounds, when the identity is unclear?
               
            
                  2.
               
               
                  If that is the case, can the exception on establishment of identity be governed by national law or by case-law?
               
            
                  3.
               
               
                  If the situation described in paragraph 2 above is not the case, what, if any, derogation is provided for in EU law?