ECJ Case C‑84/12, Rahmanian Koushkaki v Federal Republic of Germany

 

A German embassy can only reject to issue a „Schengen-Visa“ if this is expressly regulated in the EU Visa Code

 

The national authorities have a wide discretion to determine if there are rejection reasons for the visa applicant, but it is not an exclusive discretion which cannot be controlled by the adminstrative court

 

Until the decison of the European Court of Justice  (ECJ) the officers in the German embassies had the practice to decide about the visa applications at their own exclusive discretion. Some  judges of the chambes of the responsible Berlin administrative court had the opinion that  there was nearly never the possibility to control this administrative discretion except if the embassy did not use any administrative discretion or used it in a wrong way. This legal situation has changed now. The judges of the ECJ decided that the law regulations of the EU-Visa Code are indeterminate legal concepts, which can be fully judicial checked by the court.

 

For Schengen-visa-applications, tourist visas or visit visas the applicant should notice the following. The visa applicant has only a chance to get the visa if he has strong roots in his country. He has to prove that he is willing to return to his country based on his economical and social situation. Therefore an application for a “Schengen-visa” needs a sincere preparation. It is important to submit documents which prove the roots and his will to return to his country. He shall explain and prove his family situation, submit documents about property, income and ground. Unfortunately the German embassies do not give detailed advises, although this is their duty. If you have doubts if you are in a comfortable situation to apply for a visa you should ask a good informed visa lawyer for the details in your case.