Article 5 — Member State competent for examining and deciding on an application
Visa Code, Regulation (EC) No 810/2009
What does VISA-CODE Article 5 say?
Short answer, straight from the official text
1. The Member State competent for examining and deciding on an application for a uniform visa shall be: (a) the Member State whose territory constitutes the sole destination of the visit(s);
Source: Visa Code, Regulation (EC) No 810/2009, read 2026-10-13.
| In the act | EC 810/2009 |
| CELEX | 32009R0810 |
| Read on | 2026-10-13 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
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1. The Member State competent for examining and deciding on an application for a uniform visa shall be:
(a) the Member State whose territory constitutes the sole destination of the visit(s);
(b) if the visit includes more than one destination, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length or purpose of stay; or
(c) if no main destination can be determined, the Member State whose external border the applicant intends to cross in order to enter the territory of the Member States.
2. The Member State competent for examining and deciding on an application for a uniform visa for the purpose of transit shall be:
(a) in the case of transit through only one Member State, the Member State concerned; or
(b) in the case of transit through several Member States, the Member State whose external border the applicant intends to cross to start the transit.
3. The Member State competent for examining and deciding on an application for an airport transit visa shall be:
(a) in the case of a single airport transit, the Member State on whose territory the transit airport is situated; or
(b) in the case of double or multiple airport transit, the Member State on whose territory the first transit airport is situated.
4. Member States shall cooperate to prevent a situation in which an application cannot be examined and decided on because the Member State that is competent in accordance with paragraphs 1 to 3 is neither present nor represented in the third country where the applicant lodges the application in accordance with Article 6.
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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