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Case C-348/08: Reference for a preliminary ruling from the Tribunal Superior de Justicia Murcia (Spain) lodged on 30 July 2008 — Aurelio Choque Cabrera v Delegación del Gobierno en Murcia
ECLI:EU:UNKNOWN:62008CN0348
62008CN0348
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11.10.2008
Official Journal of the European Union
C 260/10
(Case C-348/08)
(2008/C 260/17)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Aurelio Choque Cabrera
Defendant: Delegación del Gobierno en Murcia
Question referred
Should Article 62(1) and (2)(a) of the Treaty Establishing the European Community and Articles 5, 11 and 13 of 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) (1) be interpreted as precluding national legislation, and the case-law which interprets it, which permits the substitution of the expulsion of any ‘third country national’ who does not have documentation authorising him to enter and remain in the territory of the European Union by the imposition of a fine?
(1) OJ 2006 L 105, p. 1.
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