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Case C-62/23, Pedro Francisco: Request for a preliminary ruling from the Juzgado Contencioso-Administrativo n.° 5 de Barcelona (Spain) lodged on 6 February 2023 — Pedro Francisco v Subdelegación del Gobierno en Barcelona
ECLI:EU:UNKNOWN:62023CN0062
62023CN0062
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15.5.2023
Official Journal of the European Union
C 173/16
(Case C-62/23, Pedro Francisco)
(2023/C 173/23)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Pedro Francisco
Defendant: Subdelegación del Gobierno en Barcelona
Questions referred
1.Is Article 27 of Directive 2004/38/EC (1) to be interpreted as meaning that a police record may be the basis or foundation of the personal conduct of the individual concerned for the purposes of assessing whether a genuine threat exists when the purpose of a criminal trial is to prove whether that threat is genuine?
2.If the answer to the first question is in the affirmative, in the light of Article 27 of the directive, must the interpretation be that the governmental authority is required to set out expressly and in detail the facts on which that record is based and any judicial proceedings which have been brought and their outcome in order to confirm that we are not merely dealing with initial presumptions?
(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).