Judgment of the Court (Second Chamber) of 26 July 2017 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Criminal proceedings against Mossa Ouhrami

(Case C-225/16) (1)

((Reference for a preliminary ruling - Area of freedom, security and justice - Return of illegally staying third-country nationals - Directive 2008/115/EC - Article 11(2) - Decision to impose an entry ban taken before that directive entered into force and relating to a longer period than that provided for by the directive - Time from which the period of the entry ban starts to run))

(2017/C 309/15)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Party in the main proceedings

Mossa Ouhrami

Operative part of the judgment

Article 11(2) 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 meaning that the starting point of the duration of an entry ban, as referred to in that provision, which in principle may not exceed five years, must be calculated from the date on which the person concerned actually left the territory of the Member States.

(1)  OJ C 232, 27.6.2016.