Judgment_paragraph 57 · Criminal proceedings against A (C-9/16)

57In particular, point (3) of Paragraph 23(1) of the BPolG contains neither further details nor limitations on the power thus conferred — in particular in relation to the intensity and frequency of the checks which may be carried out on that legal basis — for the purposes of preventing the practical application of that power by the competent authorities from leading to controls with an effect equivalent to border checks within the meaning of Article 21(a) of Regulation No 562/2006 (see, by analogy, judgment of 22 June 2010, Melki and Abdeli, C‑188/10 and C‑189/10, EU:C:2010:363, paragraph 73). Nevertheless, it is for the referring court, which alone has jurisdiction to decide on the facts, to verify whether that is, in practice, the case.