Request for a preliminary ruling from the Tribunale di Firenze (Italy) lodged on 12 June 2014 — Criminal proceedings against Skerdjan Celaj

(Case C-290/14)

2014/C 292/22

Language of the case: Italian

Referring court

Tribunale di Firenze

Party to the main proceedings

Skerdjan Celaj

Question referred

Do the provisions of Directive 2008/115 (1) preclude a Member State’s legislation which provides for the imposition of a sentence of imprisonment of up to four years on an illegally staying third-country national [Or.10] who, having been returned to his country of origin neither as a criminal law sanction nor as a consequence of a criminal law sanction, has re-entered the territory of the State in breach of a lawful re-entry ban but has not been the subject of the coercive measures provided for by Article 8 of Directive 2008/115 with a view to his swift and effective removal?

(1)  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).