21.12.2015

EN

Official Journal of the European Union

C 429/13

(Case C-544/15)

(2015/C 429/17)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Sahar Fahimian

Defendant: Bundesrepublik Deutschland

Other party to the proceedings: Stadt Darmstadt

Questions referred

2.Independently of the answers to Questions 1a and 1b: Is Article 6(1)(d) of Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service to be interpreted as meaning that the Member States are thereby empowered, in a case such as the present, in which a third-country national from Iran, who obtained her university degree from the Sharif University of Technology (Tehran) in Iran, which specialises in technology, engineering and physics, seeks entry for the purpose of taking up doctoral studies in the area of IT-security research within the framework of the ‘Trusted Embedded and Mobile Systems’ project, in particular the development of effective security mechanisms for smartphones, to deny entry to their territory, stating as grounds for this refusal that it could not be ruled out that the skills acquired in connection with the research project might be misused in Iran, for instance for the acquisition of sensitive information in Western countries, for the purpose of internal repression or more generally in connection with human rights violations?

Language of the case: German.