Regional Administrative Court, Styria, Austria (in the proceedings NW v Landespolizeidirektion Steiermark and Bezirkshauptmannschaft Leibnitz) - C 368/20 and C 369/20
| Austria | FINAL | CJEU | Articles 22, 25 and 29 Regulation (EU) 2016/399; Article 21(1) TFEU and Article 45(1) EUCharter of Fundamental Rights | 2022 | applicant |
Preliminary ruling. The case (before the referring court) concerned border checks in the course of which NW was requested to present, in one instance, a passport or identity card and, in the other, a passport. Regarding the questions posed by the referring court CJEU explained that:
– Article 25(4) of the Schengen Borders Code must be interpreted as precluding border control at internal borders from being temporarily reintroduced by a Member State on the basis of Articles 25 and 27 of that code where the duration of its reintroduction exceeds the maximum total duration of six months, set in Article 25(4), and no new threat exists that would justify applying afresh the periods provided for in Article 25.
– Article 25(4) of the Schengen Borders Code must be interpreted as precluding national legislation by which a Member State obliges a person, on pain of a penalty, to present a passport or identity card on entering the territory of that Member State via an internal border, when the reintroduction of the internal border control in relation to which that obligation is imposed is contrary to that provision.