Reference for a preliminary ruling from the Conseil d'Etat (France) by decision of that court of 9 May 2005 in Nicolae Bot v Préfecture du Val-de-Marne

(Case C-241/05)

(2005/C 193/30)

Language of the case: French

Reference has been made to the Court of Justice of the European Communities by decision of the Conseil d'Etat (Council of State) (France), of 9 May 2005, received at the Court Registry on 2 June 2005, for a preliminary ruling in the proceedings between Nicolae Bot and Préfecture du Val-de-Marne.

The Conseil d'Etat asks the Court of Justice to give a ruling on the question of what is meant by ‘date of first entry’ in terms of Article 20(1) of the Convention implementing the Schengen Agreement and, in particular, whether any entry taking place at the end of a period of six months during which there has been no other entry into the territory, as well as, in the case of an alien who carries out multiple entries for stays of short duration, any entry immediately following the expiry of a period of six months from the date of the last known ‘first entry’, should be regarded as a ‘first entry’ into the territory of the States which are party to that convention.