(1)

Must Articles 3, 5, 6, 8 and 9 of the Return Directive (2) be interpreted as meaning that it is only if the interests and principles referred to in Article 5 of the Return Directive precluding removal by the Member State to the country of destination also preclude a third-country national from not voluntarily or independently being able to comply with the obligation to return by departing to another third country that no return decision may be adopted, or a return decision which has already been adopted must be withdrawn or suspended?

(2)

Is national legislation under which entitlement to basic services is linked to lawful residence compatible with Article 5 of the Return Directive, in conjunction with recitals 12 and 24 thereof and Articles 1 and 7 of the Charter of Fundamental Rights, and, if so, must the existence of such legislation be taken into account in determining whether a return decision can be adopted and/or maintained where a third-country national cannot be removed?