Judgment of the Court (Grand Chamber) of 3 October 2006 (reference for a preliminary ruling from the Conseil d'État, France ) — Nicolae Bot v Préfet du Val-de-Marne

(Case C-241/05) (1)

(Convention implementing the Schengen Agreement - Article 20(1) - Conditions of movement of nationals of a third country not subject to a visa requirement - Maximum stay for a period of three months during the six months following the date of first entry into the Schengen Area - Successive stays - Definition of ‘first entry’)

(2006/C 294/26)

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Applicant: Nicolae Bot

Defendant: Préfet du Val-de-Marne

Re:

Reference for a preliminary ruling — Conseil d'Etat (France) — Interpretation of Article 20(1) of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ 2000 L 239, p. 19) — Meaning of first entry into the territories of the Contracting Parties

Operative part of the judgment

Article 20(1) of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, signed on 19 June 1990 at Schengen, is to be interpreted as meaning that the term ‘first entry’ in that provision refers, besides the very first entry into the territories of the Contracting States to that agreement, to the first entry into those territories taking place after the expiry of a period of six months from that very first entry and also to any other first entry taking place after the expiry of any new period of six months following an earlier date of first entry.

(1)  OJ C 193, 06.08.2005.