Order of the Court (Fifth Chamber) of 4 July 2012 — (reference for a preliminary ruling from the Giudice di Pace di Revere — Italy) — Criminal proceedings against Abd Aziz Tam

(Case C-74/12) (1)

(Reference for a preliminary ruling - No description of the dispute in the main proceedings - Manifest inadmissibility)

2012/C 303/16

Language of the case: Italian

Referring court

Giudice di Pace di Revere

Criminal proceedings against

Abd Aziz Tam

Re:

Reference for a preliminary ruling — Giudice di Pace di Revere — Interpretation of Articles 2, 4, 6, 7, 8, 15 and 16 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98) and of Article 4(3) TEU — National legislation imposing a fine on a third-country national who has entered or stayed in the country illegally — Admissibility of the criminal offence of illegal stay — Possibility of substituting the fine with an order for expulsion with immediate effect for a period of at least five years or with a home detention (‘permanenza domiciliare’) sentence — Obligations of the Member States during the period prescribed for the transposition of a directive

Operative part of the order

The reference for a preliminary ruling from the Giudice di Pace di Revere (Italy), by decision of 26 January 2012, is clearly inadmissible.

(1)  OJ C 118, 21.4.2012.