Court of Justice to hear case on execution of Schengen Information System alert when it ceases to be relevant
Official publication has been made of a request for a preliminary ruling (C-88/21) by the Supreme Administrative Court of Lithuania on the interpretation of Article 39 of Council Decision 2007/533/JHA on the establishment, operation and use of the second generation Schengen Information System (SIS II).
Article 39 provides for the execution of action based on an alert for objects sought for seizure or use as evidence in criminal proceedings under SIS II. Specifically, the referring court is enquiring whether Article 39 prohibits the registration of objects subject to an SIS II alert when the alert is no longer relevant. It further provides examples of when the alert may be deemed not to be relevant: (i) when a vehicle has been loca