Key facts of the case:
Applicant I. M., citizen of Serbian Republic submitted an application against the defendant, Migration Department under the Republic of Lithuania Ministry of Interior for annulment of decision not to provide with permission for the temporary residence and obligation to issue such a permission. Austria and Denmark included warnings in the Schengen information system about not accepting the applicant in accordance with Article 96 of the Schengen Convention. Spouse of the applicant was waived of mother rights and the custody of the minor daughter E.P. was granted to the grandmother. When applying for temporary residence permit the applicant indicated the aim of unification of the family.
In addition, the Preamble of the Schengen Borders Code states that this legal act respects the fundamental rights and observes the principles recognized by the Charter of Fundamental Rights (hereinafter - and the Charter), meaning that its provisions have to be interpreted in a way that would not violate the provisions of the Charter. It should be noted that Article 7 of the Charter establishes the right to respect for family life, and Article 52 provides that the Charter contains rights which correspond to rights guaranteed by the Convention, and their meaning and scope of application is as prescribed in the Convention.