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15.9.2014 |
EN |
Official Journal of the European Union |
C 315/22 |
Judgment of the Court (Grand Chamber) of 17 July 2014 (requests for a preliminary ruling from the Bundesgerichtshof, Landgericht München I (Germany)) — Adala Bero v Regierungspräsidium Kassel (C-473/13), Ettayebi Bouzalmate v Kreisverwaltung Kleve (C-514/13)
(Joined Cases C-473/13 and C-514/13) (1)
((Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures in Member States for returning illegally staying third-country nationals - Article 16(1) - Detention for the purpose of removal - Detention in prison accommodation - Not possible to provide accommodation for third-country nationals in a specialised detention facility - No such facility in the Land where the third-country national is detained))
2014/C 315/33
Language of the case: German
Referring court
Bundesgerichtshof, Landgericht München I
Parties to the main proceedings
Applicants: Adala Bero (C-473/13), Ettayebi Bouzalmate (C-514/13)
Defendants: Regierungspräsidium Kassel (C-473/13), Kreisverwaltung Kleve (C-514/13)
Operative part of the judgment
Article 16(1) 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 must be interpreted as requiring a Member State, as a rule, to detain illegally staying third-country nationals for the purpose of removal in a specialised detention facility of that State even if the Member State has a federal structure and the federated state competent to decide upon and carry out such detention under national law does not have such a detention facility.