9.2.2013   

EN

Official Journal of the European Union

C 38/16


Request for a preliminary ruling from the Administratīvā apgabaltiesa (Latvia) lodged on 7 December 2012 — AS ‘Air Baltic Corporation’ v Valsts robežsardze

(Case C-575/12)

2013/C 38/24

Language of the case: Latvian

Referring court

Administratīvā apgabaltiesa

Parties to the main proceedings

Appellant: AS ‘Air Baltic Corporation’

Respondent: Valsts robežsardze

Questions referred

1.

Must Article 5 of Regulation (EC) No 562/2006 (1) 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) be interpreted as meaning that existence of a valid visa contained in a valid travel document is a mandatory pre-condition for the entry of a third-country national?

2.

Under Regulation (EC) No 810/2009 (2) of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), does cancellation of a travel document to which a visa sticker is affixed mean that the visa issued is also invalidated?

3.

Are national rules which require, as a mandatory pre-condition for the entry of third-country nationals, the existence of a valid visa contained in a valid travel document compatible with 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) and Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)?


(1)  OJ 2006 L 105, p. 1.

(2)  OJ 2009 L 243, p. 1.