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Document 62011CN0169

Case C-169/11: Reference for a preliminary ruling from the Tribunale di Frosinone (Italy) lodged on 7 April 2011 — Criminal proceedings against Patrick Conteh

OJ C 173, 11.6.2011, p. 8–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

11.6.2011   

EN

Official Journal of the European Union

C 173/8


Reference for a preliminary ruling from the Tribunale di Frosinone (Italy) lodged on 7 April 2011 — Criminal proceedings against Patrick Conteh

(Case C-169/11)

2011/C 173/16

Language of the case: Italian

Referring court

Tribunale di Frosinone

Party to the main proceedings

Patrick Conteh

Question referred

Are Articles 15 and 16 of Directive 2008/115/EC (1) to be interpreted as precluding a Member State from applying to an illegally staying third country national who does not cooperate in the administrative return procedure measures involving deprivation of liberty, on the basis of measures which are other than detention measures and as defined by national law, without the pre-conditions and safeguards laid down in Articles 15 and 16 of Directive 2008/115, on grounds of failure to comply with a removal order issued by the competent administrative authority in accordance with Article 8(3) of that directive?


(1)  OJ 2008 L 348, p. 98.


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