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Document 62011CA0061

Case C-61/11 PPU: Judgment of the Court (First Chamber) of 28 April 2011 (reference for a preliminary ruling from the Corte d’appello di Trento — Italy) — Criminal proceedings against Hassen El Dridi alias Karim Soufi (Area of freedom, security and justice — Directive 2008/115/EC — Return of illegally staying third-country nationals — Articles 15 and 16 — National legislation providing for a prison sentence for illegally staying third-country nationals in the event of refusal to obey an order to leave the territory of a Member State — Compatibility)

OJ C 186, 25.6.2011, p. 8–9 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

25.6.2011   

EN

Official Journal of the European Union

C 186/8


Judgment of the Court (First Chamber) of 28 April 2011 (reference for a preliminary ruling from the Corte d’appello di Trento — Italy) — Criminal proceedings against Hassen El Dridi alias Karim Soufi

(Case C-61/11 PPU) (1)

(Area of freedom, security and justice - Directive 2008/115/EC - Return of illegally staying third-country nationals - Articles 15 and 16 - National legislation providing for a prison sentence for illegally staying third-country nationals in the event of refusal to obey an order to leave the territory of a Member State - Compatibility)

2011/C 186/14

Language of the case: Italian

Referring court

Corte d’appello di Trento

Party in the main proceedings

Hassen El Dridi alias Karim Soufi

Re:

Reference for a preliminary ruling — Corte di Apello di Trento — Interpretation of Articles 15 and 16 of Directive 2008/115/EC of the European Parliament and of the Council 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98) — Return of illegally staying third-country nationals — Conditions of detention for the purpose of removal — Direct applicability — National legislation providing for a sentence of up to four years’ imprisonment for a third-country national who, after a removal order has been issued, continues to stay illegally in national territory

Operative part of the judgment

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, in particular Articles 15 and 16 thereof, must be interpreted as precluding a Member State’s legislation, such as that at issue in the main proceedings, which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national on the sole ground that he remains, without valid grounds, on the territory of that State, contrary to an order to leave that territory within a given period.


(1)  OJ C 113, 9.4.2011.


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