Three French organization filed an action in annulment regarding the decision of the French government to temporarily reintroduce checks at the internal borders of the Schengen area between 1 November 2017 and until 30 April 2018. The Court found that the French government acted proportionally in view of the terrorist threat, “illustrated in particular by the preparation and execution of the attacks that took place […] in Spain, Great Britain and France respectively, as well as by developments in the situation in the armed conflict zones in Iraq and Syria, giving rise to fears that potentially dangerous persons might return to French territory”. The Court did state that this should not be to the detriment of the right to seek asylum.

The Court refused to refer a preliminary rulin to the CJEU, as requested by the applicants.