Brussels, 04/09/2014 (Agence Europe) - According to a ruling by the European Court of Justice on Thursday 4 September (C-575/125), third-country nationals may enter the territory of the European Union even if they present a valid passport without a visa and a valid visa inside an invalid passport.
The European judges have therefore followed the line developed in the conclusions of Advocate General Paolo Mengozzi in May (see EUROPE 11084).
Entry of third-country nationals into the EU is subject to two separate conditions, relating respectively to the presentation of a valid travel document and the presentation of a valid visa. Community law refers to these conditions only as separate elements. The authorities of a member state are therefore able to verify the identity of a third country national but cannot refuse entry on to the territory on the basis that a valid visa is not affixed to a valid travel document. The judges also pointed out that member states cannot refuse entry of foreign nationals on their territory on the basis of a condition not included in the Schengen border code. (JK)