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17.10.2019 – Court of Justice - Opinion Advocate General - Control of external borders - C. and H. and Others - Case C-341/18

Reference for a preliminary ruling — Regulation (EU) 2016/399 — Article 11(1) — Meaning of ‘exit’ — Control of external borders — Stamping of travel documents of seamen — Time of affixing stamp — Moment of leaving the Schengen Area

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Conclusion

82. In the light of all the foregoing considerations, I suggest that the Court should answer the question raised by the Raad van State (Council of State, Netherlands) as follows:

In circumstances where a third-country national seaman arrives in a Member State by air and subsequently signs on as crew on board a vessel already moored in a port which constitutes an external border within the meaning Article 2(2) of Regulation (EU) 2016/399 (...) on a Union Code on the rules governing the movement of persons across borders, Article 11(1) of that regulation should be construed as meaning that the person concerned exits the Schengen area when he signs on as crew, even if the moment when the vessel in question will leave port cannot be established.

Opinion Advocate General Sharpton in case Staatssecretaris van Justitie en Veiligheid v J. and Others, joined parties: C. and H. and Others, C-341/18

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