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Document 62012CA0023
Case C-23/12: Judgment of the Court (Fifth Chamber) of 17 January 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — proceedings brought by Mohamad Zakaria (Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Alleged violation of the right to respect for human dignity — Effective judicial protection — Right of access to a court)
Case C-23/12: Judgment of the Court (Fifth Chamber) of 17 January 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — proceedings brought by Mohamad Zakaria (Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Alleged violation of the right to respect for human dignity — Effective judicial protection — Right of access to a court)
Case C-23/12: Judgment of the Court (Fifth Chamber) of 17 January 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — proceedings brought by Mohamad Zakaria (Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Alleged violation of the right to respect for human dignity — Effective judicial protection — Right of access to a court)
OJ C 63, 2.3.2013, p. 6–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
2.3.2013 |
EN |
Official Journal of the European Union |
C 63/6 |
Judgment of the Court (Fifth Chamber) of 17 January 2013 (request for a preliminary ruling from the Augstākās tiesas Senāts — Latvia) — proceedings brought by Mohamad Zakaria
(Case C-23/12) (1)
(Regulation (EC) No 562/2006 - Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) - Alleged violation of the right to respect for human dignity - Effective judicial protection - Right of access to a court)
2013/C 63/09
Language of the case: Latvian
Referring court
Augstākās tiesas Senāts
Party to the main proceedings
proceedings brought by Mohamad Zakaria
Re:
Request for a preliminary ruling — Augstākās tiesas Senāts — Interpretation of Article 13(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ 2006 L 105, p. 1) — Right of appeal of third country nationals in relation to a refusal of entry — Action seeking to have declared unlawful the conduct of border officials during the procedure to authorise the crossing of an external border — Compensation for the non-material harm incurred as a result of such unlawful conduct
Operative part of the judgment
Article 13(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) obliges Member States to establish a means of obtaining redress only against decisions to refuse entry.