Vo (French Text) [2012] EUECJ C-83/12_PPU (10 April 2012)

Vo (French Text) [2012] EUECJ C-83/12_PPU (10 April 2012)

Articles 21 and 34 of Regulation (EC) No 810/2009 do not preclude national law from imposing criminal penalties for aiding illegal immigration in cases where third-country nationals possess visas obtained fraudulently by deceiving authorities about the true purpose of travel, even if those visas have not yet been formally annulled.

Citation
[2012] EUECJ C-83/12_PPU
Parties
Defendant: Minh Khoa Vo; Prosecutor: Generalbundesanwalt beim Bundesgerichtshof
Jurisdiction
European Union
Judgment Date
26 March 2012
Procedural Posture
Preliminary Ruling (article 267 Tfeu) in Criminal Proceedings / Decision on Reference for Preliminary Ruling
Outcome
Reference answered; EU law does not preclude national criminal penalties in these circumstances.
Legal Topics
Interpretation of EU Visa Code, Fraudulent Visas, Criminal Liability for Aiding Illegal Immigration, National Penalties for Immigration Offences
European Union Law Criminal Law Immigration Law Interpretation of EU Visa Code Fraudulent Visas Criminal Liability for Aiding Illegal Immigration National Penalties for Immigration Offences

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Parties

Minh Khoa Vo

Defendant

Generalbundesanwalt beim Bundesgerichtshof

Prosecutor

Procedural Posture

Preliminary Ruling (article 267 Tfeu) in Criminal Proceedings / Decision on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether Articles 21 and 34 of Regulation (EC) No 810/2009 (EU Visa Code) preclude national criminal penalties for aiding illegal immigration where third-country nationals hold fraudulently obtained visas not yet annulled

Ratio Decidendi

Articles 21 and 34 of Regulation (EC) No 810/2009 do not preclude national law from imposing criminal penalties for aiding illegal immigration in cases where third-country nationals possess visas obtained fraudulently by deceiving authorities about the true purpose of travel, even if those visas have not yet been formally annulled.

Court Disposition

Reference answered; EU law does not preclude national criminal penalties in these circumstances.

Orders

  • Articles 21 and 34 of Regulation (EC) No 810/2009 must be interpreted as not precluding national criminal penalties for aiding illegal immigration where visas were fraudulently obtained, even if not yet annulled.