In Case C-143/22 | ADDE and Others, the French Council of State asked the Court of Justice whether, when a Member State decides to temporarily reintroduce internal border controls, it may adopt a decision to refuse entry solely on the basis of the Schengen Borders Code, without having to comply with the common standards and procedures laid down in the Return Directive, in respect of a third-country national who is intercepted without a valid residence permit at an authorised border crossing point on its territory where such controls are in force.

The Court held that, in such a situation, a decision to refuse entry may be adopted on the basis of the Schengen Borders Code, but that, in order to remove the person concerned, the common standards and procedures laid down in the Return Directive must still be complied with, which may deprive the adoption of such a decision to refuse entry of much of its usefulness.

In principle, the Return Directive applies as soon as a third-country national is, after entering the territory of a Member State illegally, present on that territory without fulfilling the conditions of entry, stay or residence, and is therefore staying there illegally. That also applies where, as in the case in question, the person concerned has been apprehended at a border crossing point on the territory of the Member State concerned. Indeed, a person may have entered the territory of a Member State even before crossing a border crossing point.

For further information please read the press release from the Court of Justice of the European Union.