CELEX: C1995/159/22
Language: en
Date: 1995-06-24 00:00:00
Title: Action brought on 4 April 1995 by the Commission of the European Communities against the Italian Republic (Case C-118/95)

24 . 6 . 95             EN                  Official Journal of the European Communities                                      No C 159/ 11
 31 December 1992 ( Directive 92/35/EEC ) and 1 January                 preliminary ruling in the case of The Queen against the
 1993 ( Directive 92/40/EEC ).                                          Secretary of State for the Home Department, ex-parte :
                                                                        Mann Singh Shingara, on the following questions :
 H OJ No L 157, 10 . 6 . 1992 , p . 19 .
 ( 2 ) OJ No L 167, 22 . 6 . 1992, p . 1 .
                                                                        1 . ( 1 ) In Article 8 of Council Directive 64/221 /EEC of
                                                                                  25 February 1964 on the coordination of special
                                                                                  measures concerning the movement and residence
                                                                                  of foreign nationals which are justified on grounds
                                                                                  of public policy, public security or public health ( l ),
Action brought on 4 April 1995 by the Commission of the                           do the words 'the same legal remedies . . . as are
       European Communities against the Italian Republic                          available to nationals of the State concerned in
                          ( Case C-118/95 )                                       respect of acts of the administration ' refer (a ) to
                                                                                  specific remedies available in respect of decisions
                             ( 95/C 159/22 )                                      concerning entry by nationals of the State
                                                                                  concerned ( in casu, an appeal to an immigration
An action against the Italian Republic was brought before                         adjudicator ) or ( b ) do they refer only to remedies
the Court of Justice of the European Communities on                               available in respect of acts of the administration
4 April 1995 by the Commission of the European                                    generally ( in casu, an application for judicial
Communities, represented by Eugenio de March, Legal                               review )?
Adviser, acting as Agent, with an address for service in
Luxembourg at the office of Georgios Kremlis, Wagner ,
                                                                            ( 2 ) If the answer to ( 1 ) is ( a ), do the words quoted from
Centre, Kirchberg.
                                                                                  Article 8 of Directive 64/221 refer only to the legal
                                                                                  remedies available to nationals of the               State
The applicant claims that the Court should :                                      concerned in the same circumstances ( in casu,
                                                                                  refusal of entry on grounds of national security), or
 1 , declare that by failing to adopt by law, regulation or                       do they also refer to the specific remedies available
       adminstrative action within the prescribed time limit the                  in analogous or similar circumstances to nationals
       necessary provisions to implement Council Directive                        of the State concerned ; and, if so , how similar or
        92/33/EEC of 28 April 1992 on the marketing of                            analogous must the circumstances be ?
       vegetable propagating and planting material, other than
       seed ( 1 ) and Council Directive 92/34/EEC of 28 April
        1992 on the marketing of fruit plant propagating                2 . In the light of the answer to Question 1 , where a
       material and fruit plants intended for fruit                         Community national is refused entry into the United
       production (2 ) the Italian Republic has failed to fulfil its        Kingdom on grounds of national security does Article 8
       obligations under the EC Treaty;                                     of Directive 64/221/EEC require that national to have a
                                                                            right of appeal to an immigration adjudicator if, on the
2 , order the Italian Republic to pay the costs .                           correct construction of the relevant provisions of
                                                                            national law, a British national refused entry to the
Pleas in law and main arguments adduced in support:                         United Kingdom on grounds of national security has a
                                                                            right of appeal for the purpose of establishing that he is a
The pleas in law and main arguments are the same as in Case                 British national and is therefore entitled to enter the
C-79/95 ; the time limit for implementation expired on                      United Kingdom irrespective of whether his presence in
31 December 1992 .                                                          the United Kingdom is undesirable for reasons of
                                                                            national security ?
(') OJ No L 157, 10 . 6 . 1992 , p . 1 .
( 2 ) OJ No L 157, 10 . 6 . 1992 , p . 10 .
                                                                        3 . Do the opening words of Article 9 ( 1 ) of Directive
                                                                            64/221 /EEC ('where there is no right of appeal to a court
                                                                            of law, or where such appeal may be only in respect of
                                                                            the legal validity of the decision, or where the appeal
                                                                            cannot have suspensory effect') apply equally to
Reference for a preliminary ruling by the High Court of                     Article 9 ( 2 )?
Justice, Queen's Bench Division, by order of that court of
3 February 1995 , in the case of The Queen against the
Secretary of State for the Home Department, ex-parte:                  4 . Where a        decision has been taken to exclude a
                       Mann Singh Shingara                                  Community national from the territory of a Member
                           ( Case C-65/95 )                                 State other than his own on public policy or public
                                                                            security grounds and the Community national has left
                              95/C 159/23 )                                 that territory without there having been an appeal or
                                                                            reference for an advisory opinion to an independent
Reference has been made to the Court of Justice of the                      competent authority pursuant to Articles 8 or 9 of
European Communities by an order of the High Court of                       Council Directive 64/221 /EEC, does that Community
Justice, Queen's Bench Division, of 3 February 1995 , which                 national have a right of reference to an independent
was received at the Court Registry on 13 March 1995 , for a                 competent authority under Article 9 ( 2 ) if that national