CELEX: 62016CA0193
Language: en
Date: 2017-07-13 00:00:00
Title: Case C-193/16: Judgment of the Court (Third Chamber) of 13 July 2017 (request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco — Spain) — E v Subdelegación del Gobierno en Álava (Reference for a preliminary ruling — Citizenship of the Union — Right to move and reside freely in the territory of the Member States — Directive 2004/38/EC — The second subparagraph of Article 27(2) — Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health — Expulsion from the territory for reasons of public policy or public security — Conduct representing a sufficiently serious present and genuine threat for a fundamental interest of society — Present and genuine threat — Concept — Union citizen residing in the host Member State where he is serving a prison sentence for repeated child sexual abuse offences)

4.9.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 293/9
            
         Judgment of the Court (Third Chamber) of 13 July 2017 (request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco — Spain) — E v Subdelegación del Gobierno en Álava
   (Case C-193/16) (1)
   
   ((Reference for a preliminary ruling - Citizenship of the Union - Right to move and reside freely in the territory of the Member States - Directive 2004/38/EC - The second subparagraph of Article 27(2) - Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health - Expulsion from the territory for reasons of public policy or public security - Conduct representing a sufficiently serious present and genuine threat for a fundamental interest of society - Present and genuine threat - Concept - Union citizen residing in the host Member State where he is serving a prison sentence for repeated child sexual abuse offences))
   (2017/C 293/11)
   Language of the case: Spanish
   
      Referring court
   
   Tribunal Superior de Justicia del País Vasco
   
      Parties to the main proceedings
   
   
      Applicant: E
   
      Defendant: Subdelegación del Gobierno en Álava
   
      Operative part of the judgment
   
   The second subparagraph of Article 27(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 the fact that a person is imprisoned at the time the expulsion decision was adopted, without the prospect of being released in the near future, does not exclude that his conduct represents, as the case may be, a present and genuine threat for a fundamental interest of the society of the host Member State.
   
      (1)  OJ C 251, 11.7.2016.