Mohamad Zakaria [2013] EUECJ C-23/12 (17 January 2013)

Mohamad Zakaria [2013] EUECJ C-23/12 (17 January 2013)

Article 13(3) of Regulation No 562/2006 requires Member States to provide a means of obtaining redress only against decisions refusing entry, not against procedural infringements during entry authorization.

Citation
[2013] EUECJ C-23/12
Parties
Claimant: Mr Zakaria; Respondent: Latvian Government; Intervener: Commission
Jurisdiction
European Union
Judgment Date
17 January 2013
Procedural Posture
Preliminary Ruling / Final Judgment
Outcome
Questions answered; Article 13(3) obliges Member States to establish redress only against refusal of entry.
Legal Topics
Schengen Borders Code, Right to Appeal, Human Dignity, Effective Remedy
European Union Law Administrative Law Human Rights Schengen Borders Code Right to Appeal Human Dignity Effective Remedy

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Parties

Mr Zakaria

Claimant

Latvian Government

Respondent

Commission

Intervener

Procedural Posture

Preliminary Ruling / Final Judgment

Legal Issues

  1. 1 Does Article 13(3) of Regulation No 562/2006 provide a right of appeal against procedural infringements in entry authorization?
  2. 2 Does Article 13(3) require Member States to guarantee an effective remedy before a court or equivalent administrative body?
  3. 3 Compatibility of national law with EU law regarding remedies for procedural infringements by border guards

Ratio Decidendi

Article 13(3) of Regulation No 562/2006 requires Member States to provide a means of obtaining redress only against decisions refusing entry, not against procedural infringements during entry authorization.

Court Disposition

Questions answered; Article 13(3) obliges Member States to establish redress only against refusal of entry.

Orders

  • Article 13(3) of Regulation (EC) No 562/2006 obliges Member States to establish a means of obtaining redress only against decisions to refuse entry.