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Supreme Court of Denmark

EU citizens expelled following conviction 

Case no. 425/2008
Judgment 19. October 2009

The Public Prosecutor


T1 and T2

EU citizens with no ties to Denmark expelled following conviction

The City Court had found the two EU citizens T1 and T2 guilty of theft after they had stolen an elderly woman’s purse and its contents while diverting her attention in a supermarket. In the same supermarket, T1 and T2 attempted to steal from two other elderly women while trying to divert their attention, which led to another conviction of attempted theft.  They were sentenced to 60 days’ imprisonment. The High Court found these sentences to be justified and also upheld the City Court’s decision to expel T1 and T2 and ban them from entry for five years.
The issue before the Supreme Court only concerned the expulsion and five-year entry ban.
The Supreme Court agreed that the conditions for expelling T1 and T2, as stipulated in the Danish Aliens Act, had been fulfilled. The question was then whether expulsion was in accordance with the Directive on the right of citizens of the Union and their family members to move and reside freely with the territory of the Member States. The Supreme Court agreed that T1 and T2’s crime showed a conduct that represented a genuine, present and sufficiently serious threat affecting fundamental interests of society. The Supreme Court gave importance to the fact that T1 and T2 had been given an unconditional prison sentence for having arranged and committed distraction burglary and attempted distraction burglary together. Since T1 and T2 had no ties to Denmark, it was not in contravention of the principle of proportionality to expel them and ban them from entry for five years. Consequently, their expulsion was in line with the above Directive. Against this background, the Supreme Court affirmed the judgment.

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