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Case Byankov - Right of citizens of the Union to move and reside freely within the territory of the Member States
 

Judgment

Case C-249/11

Decision:

" On those grounds, the Court (Second Chamber) hereby rules:
1. European Union law must be interpreted as precluding the application of a national provision which provides for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a Member State, solely on the ground that he owes a legal person governed by private law a debt which exceeds a statutory threshold and is unsecured.
2. European Union law must be interpreted as precluding legislation of a Member State under which an administrative procedure that has resulted in the adoption of a prohibition on leaving the territory such as that at issue in the main proceedings, which has become final and has not been contested before the courts, may be reopened ? in the event of the prohibition being clearly contrary to European Union law ? only in circumstances such as those exhaustively listed in Article 99 of the Code of Administrative Procedure (Administrativnoprotsesualen kodeks), despite the fact that such a prohibition continues to produce legal effects with regard to its addressee."

 

 
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