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Case C-83/12 PPU: Judgment of the Court (Second Chamber) of 10 April 2012 (Reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against Minh Khoa Vo (Area of freedom, security and justice — Regulation (EC) No 810/2009 — Community Code on Visas — Articles 21 and 34 — National legislation — Third country nationals brought illegally into the territory of a Member State — Visas obtained by fraud — Criminal penalties imposed on the human smuggler)
ECLI:EU:UNKNOWN:62012CA0083
62012CA0083
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16.6.2012
Official Journal of the European Union
C 174/14
(Case C-83/12 PPU) (<span class="super">1</span>)
(Area of freedom, security and justice - Regulation (EC) No 810/2009 - Community Code on Visas - Articles 21 and 34 - National legislation - Third country nationals brought illegally into the territory of a Member State - Visas obtained by fraud - Criminal penalties imposed on the human smuggler)
2012/C 174/20
Language of the case: German
Referring court
Party in the main proceedings
Re:
Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of 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 (OJ 2009 L 243, p. 1) — National legislation imposing criminal penalties on persons who smuggle foreign nationals into national territory — Applicability of penalties when the foreign nationals concerned are in possession of a visa obtained by false pretences from a competent authority of another Member State but which has not yet been annulled pursuant to that regulation
Operative part of the judgment
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 (Visa Code) are to be interpreted as meaning that they do not preclude national provisions under which assisting illegal immigration constitutes an offence subject to criminal penalties in cases where the persons smuggled, third country nationals, hold visas which they obtained fraudulently by deceiving the competent authorities of the Member State of issue as to the true purpose of their journey, without prior annulment of those visas.
* Language of the case: German.
ECLI:EU:C:2012:126