CJEU: Request for preliminary ruling by the Administrative Court of Göteborg

Monday, October 22, 2018

The Göteborg Administrative Court has referred the following questions to the CJEU for a preliminary ruling (Case C C-526/18):

1. Do the provisions of the Schengen Agreement or the Schengen Borders Code preclude provisions of national law such as those set out in Paragraph 16 of the Lagen (2016:752) om tillfälliga begränsningar av möjligheten att få uppehållstillstånd i Sverige (Law (2016:752) on temporary restrictions on the possibility of obtaining a residence permit in Sweden) and which mean that a residence permit for study at secondary school level may be granted to a third-country national who is in a Member State, even if his or her identity is unclear or he or she is unable to provide prima facie evidence of his or her stated identity?

2. If, in such a situation, the Schengen acquis is deemed to include a requirement that identity has been made clear or for which prima facie evidence has been provided, can the provisions of the Returns Directive (1) or any other EU legislation be interpreted as permitting an exception from that identity requirement?

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Residence document