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Case C-341/18: Judgment of the Court (Fifth Chamber) of 5 February 2020 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v J. and Others (Reference for a preliminary ruling — Regulation (EU) 2016/399 — Schengen Borders Code — Control at the external borders — Third-country nationals — Article 11(1) — Affixing of stamps on travel documents — Exit stamp — Determination of the time of exit from the Schengen area — Signing-on of seamen with ships that are in long-term mooring in a sea port)
ECLI:EU:UNKNOWN:62018CA0341
62018CA0341
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27.4.2020
Official Journal of the European Union
C 137/8
(Case C-341/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Regulation (EU) 2016/399 - Schengen Borders Code - Control at the external borders - Third-country nationals - Article 11(1) - Affixing of stamps on travel documents - Exit stamp - Determination of the time of exit from the Schengen area - Signing-on of seamen with ships that are in long-term mooring in a sea port)
(2020/C 137/09)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Staatssecretaris van Justitie en Veiligheid
Defendants: J. and Others
Interveners: C. and H. and Others
Operative part of the judgment
Article 11(1) of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) must be interpreted as meaning that, when a seaman who is a third-country national signs on with a ship in long-term mooring in a sea port of a State forming part of the Schengen area, for the purpose of working on board, before leaving that port on that ship, an exit stamp must, where provided for by that code, be affixed to that seaman’s travel documents not at the time of his signing on, but when the master of that ship notifies the competent national authorities of the ship’s imminent departure.
(<span class="note">1</span>) OJ C 294, 20.8.2018.
Language of the case: Dutch