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ECJ considers the relationship between the Schengen agreement and freedom of movement for persons, EC v Spain Case C-503/03, judgment on 31.1.06

Where a Member State national travels within the EC with a spouse who is a national of a third country, the spouse can normally travel too under the freedom of movement rules. If the spouse is a person for whom an alerts has been entered in the Schengen Information System for the purpose of refusing them entry, Member States must verify whether the presence of those persons constitutes a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society before refusing entry.

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