Key facts of the case:
Decision of the Commander in Chief of the Border Guards no KG-CU-35/D/4/AF/12 sustaining the decision of the Commander of the Border Guard Unit in Poznan-Lawica no 9/2011/KG on the refusal of entry into the territory of the Republic of Poland. Concerns: implementation of the Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
On 14.11.2011 Mr XY, a third country national, travelled with his partner (EU citizen) from the United Kingdom to Poland. Mr XY had a valid passport, a valid residence card of a family member of a Union citizen and a certified copy of the entry of civil partnership. The border guards at the airport refused him entry into the territory of Poland. Mr XY appealed against this decision after returning to the UK. The Border Guard Headquarter sustained the decision on the refusal of entry.
Results (sanctions) and key consequences of the case:
According to the opinion of the Advocate General of the CJEU in the case C-83/11, the article 3 (2) of the Directive imposes a procedural obligation for the state to adopt measures in order to facilitate entry and residence of ”extended family members”. Polish authorities failed to fulfil this obligation and refused to consider Mr XY as a partner with whom the Union citizen has a durable relationship, duly attested, which could have exempted him from visa obligation. The case is now under examination of the Voivodship Administrative Court in Warsaw.