Official Journal of the European Union

C series

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C/2024/5771

(Case C-14/23,

Perle)

(Reference for a preliminary ruling - Immigration policy - Directive (EU) 2016/801 - Conditions of entry and residence of third-country nationals for the purposes of studies - Article 20(2)(f) - Application for admission to the territory of a Member State for the purposes of studies - Other purposes - Refusal of a visa - Grounds for rejection of the application - Failure to transpose - General principle that abusive practices are prohibited - Article 34(5) - Procedural autonomy of the Member States - Fundamental right to an effective judicial remedy - Article 47 of the Charter of Fundamental Rights of the European Union)

(C/2024/5771)

Language of the case: French

Referring court

Parties to the main proceedings

Appellant: XXX

Respondent: État belge, represented by the secrétaire d’État à l’Asile et la Migration

Operative part of the judgment

1.Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing, in particular having regard to Article 3(3) of that directive,

must be interpreted as not precluding a Member State, where it has not transposed Article 20(2)(f) of that directive, from refusing an application for admission to its territory for study purposes on the ground that the third-country national has made that application without having a genuine intention of studying on the territory of that Member State, in accordance with the general principle of EU law prohibiting abusive practices.

2.Article 34(5) of Directive 2016/801, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union,

must be interpreted as not precluding an action against a decision taken by the competent authorities rejecting an application for admission to the territory of a Member State for study purposes from consisting exclusively of an action for annulment, without the court hearing that action having the power to substitute, where appropriate, its own assessment for that of the competent authorities or to adopt a new decision, provided that the conditions under which that action is brought and, where appropriate, the judgment adopted at the end of that action, are such as to enable a new decision to be adopted within a short period of time, in line with the assessment contained in the judgment annulling the decision, in such a way that a sufficiently diligent third-country national is able to benefit from the full effectiveness of the rights which he or she derives from Directive 2016/801.

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Language of the case: French

ELI: http://data.europa.eu/eli/C/2024/5771/oj

ISSN 1977-091X (electronic edition)

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* Language of the case: French.