30.5.2022

EN

Official Journal of the European Union

C 213/26

(Case C-128/22)

(2022/C 213/36)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: NORDIC INFO

Defendant: Belgische Staat

Questions referred

1.Must Articles 2, 4, 5, 27 and 29 of the Citizenship Directive 2004/38, (1) which implement Articles 20 and 21 TFEU, be interpreted as not precluding the regulations of a Member State (in the present case, deriving from Articles 18 and 22 of the Ministerieel Besluit van 30 juni 2020 houdende dringende maatregelen om de verspreiding van het coronavirus COVID-19 te beperken (Ministerial Decree of 30 June 2020 on urgent measures to limit the spread of the coronavirus COVID-19), as amended respectively by Articles 3 and 5 of the Ministerieel besluit van 10 juli 2020 (Ministerial Decree of 10 July 2020)) which by way of a general measure:

—impose, in principle, on Belgian nationals and their family members as well as on Union citizens residing in Belgian territory and their family members an exit ban for non-essential travel from Belgium to countries within the EU and the Schengen Area that are coloured red in accordance with a colour code drawn up on the basis of epidemiological data;

—impose on non-Belgian Union citizens and their family members (who may or may not have the right to reside in Belgian territory) entry restrictions (such as quarantines and tests) for non-essential travel from countries within the EU and the Schengen Area to Belgium which are coloured red in accordance with a colour code drawn up on the basis of epidemiological data?

2.Must Articles 1, 3 and 22 of the Schengen Borders Code (2) be interpreted as not precluding the regulations of a Member State (in the present case, Articles 18 and 22 of the Ministerial Decree of 30 June 2020 on urgent measures to limit the spread of the coronavirus COVID-19 (as amended by Articles 3 and 5 respectively of the Ministerial Decree of 10 July 2020)) which impose an exit ban on non-essential travel from Belgium to countries within the EU and the Schengen Area and an entry ban from those countries to Belgium which may not only be checked and sanctioned, but may also be enforced ex officio by the Minister, the mayor and the police commander?

(1) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).

(2) Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ 2006 L 105, p. 1).

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Language of the case: Dutch

(1) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).

(2) Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ 2006 L 105, p. 1).

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