17.3.2012
EN
Official Journal of the European Union
C 80/12
Reference for a preliminary ruling from the Augstākās tiesas Senāts (Latvia) lodged on 17 January 2012 — Mohamad Zakaria
(Case C-23/12)
2012/C 80/18
Language of the case: Latvian
Referring court
Augstākās tiesas Senāts/Latvia
Parties to the main proceedings
Applicant: Mohamad Zakaria
Questions referred
1.
Does Article 13(3) 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) provide persons with a right of appeal not only against a decision refusing entry into a country, but also against infringements committed in the procedure leading to the adoption of a decision authorising entry?
2.
If question 1 is answered in the affirmative, in the light of recital 20 in the preamble to, and Article 6(1) of, Regulation No 562/2006, and Article 47 of the Charter of Fundamental Rights of the European Union, does Article 13(3) of Regulation No 562/2006 require the Member States to guarantee an effective remedy before a court of law?
3.
If question 1 is answered in the affirmative and question 2 in the negative, in the light of recital 20 in the preamble to, and Article 6(1) of, Regulation No 562/2006, and Article 47 of the Charter of Fundamental Rights of the European Union, does Article 13(3) of Regulation No 562/2006 require the Member States to guarantee an effective remedy before an administrative body which, from an institutional and functional perspective, provides the same guarantees as a court of law?
(1) OJ 2006 L 105, p. 1.
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