28.4.2012
EN
Official Journal of the European Union
C 126/7
Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 17 February 2012 — Criminal proceedings against Minh Khoa V o
(Case C-83/12)
2012/C 126/13
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Minh Khoa V o
Other party: Generalbundesanwalt beim Bundesgerichtshof
Question referred
Are Articles 21 and 34 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (‘the Visa Code’), (1) which regulate the issue and annulment of a uniform visa, to be interpreted as precluding criminal liability, resulting from the application of national legislation, for the smuggling of foreign nationals in cases where, although they hold visas, the persons smuggled obtained those visas by deceiving the competent authorities of another Member State as to the true purpose of their journey?
(1) OJ 2009 L 243, p. 1.
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