EU Judgment in Case C-143/22 ADDE and others

Thursday 21st September 2023

EU Judgment in Case C-143/22 ADDE and others

(Area of Freedom, Security and Justice)

This request for a preliminary ruling is the latest in a series of cases which have come before the Court, since 2011, in relation to the compatibility of certain provisions of the French code de l’entrée et du séjour des étrangers et du droit d’asile (Code on the Entry and Stay of Foreign Nationals and the Right of Asylum; ‘the Ceseda’) with the requirements of Directive 2008/115/EC (2) and those of Regulation (EU) 2016/399 (3) (‘the Schengen Borders Code’). It is, in particular, the last two of those cases, which gave rise to the judgments in Affum and Arib and Others, that are relevant in the present case.

In this instance, a number of associations have brought an action before the Conseil d’État (Council of State, France) seeking, in particular, the annulment of Order No 2020- 1733 of 16 December 2020 on the legislative part of the Code on the Entry and Stay of Foreign Nationals and the Right of Asylum (5) (‘Order No 2020-1733’). The key question arising in this reference for a preliminary ruling is whether, where a Member State decides to introduce internal border controls under the Schengen Borders Code, it is required to apply the provisions of Directive 2008/115, or whether it may refuse entry to a third-country national on the basis of Article 14 of that code.

Background Documents C-143/22