Case summaries

  • My search
  • Relevant International and European Legislation
    1
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Reset
CJEU - Case C‑47/15, Sélina Affum v Préfet du Pas-de-Calais, Procureur général de la cour d’appel de Douai
Country of applicant: Ghana
Keywords: Detention, Return
Imprisonment of a Third Country National on account of illegal entry to a Member State across an internal border of the Schengen area is not permitted under the Return Directive where said individual has not yet been subject to a return procedure.
 
This  applies equally to a Third Country National who is merely in transit on the territory of the Member State, is intercepted when leaving the Schengen area and is the subject of a procedure for readmission into the Member State from which he or she has come.
 
Date of decision: 07-06-2016
Relevant International and European Legislation: European Union Law,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (2),Recital (4),Recital (5),Recital (10),Recital (17),Recital (26),Article 1,Article 2,Article 3,Article 4,Article 6,Article 7,Article 8,Article 9,Article 11,Article 14,Article 15,Article 16,Article 17
The Netherlands – Supreme Court, 29 March 2016, 14/00826
Keywords: Exclusion from protection, Return

The Supreme Court has requested two preliminary rulings to the Court of Justice of the European Union. The time of onset and the determination of the duration of the suspect’s ‘undesirable declaration’, which is considered equal to an entry ban, are under discussion since this statement had already been issued before the Return Directive was operational.

Date of decision: 29-03-2016
Relevant International and European Legislation: European Union Law,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (2),Recital (4),Recital (6),Recital (8),Recital (10),Recital (11),Recital (14),Recital (24),Article 3,Article 7,Article 11
CJEU - C‑554/13 Z. Zh. and O. V Staatssecretaris van Veiligheid en Justitie
Country of applicant: China
Keywords: Assessment of facts and circumstances, Individual assessment, Personal circumstances of applicant, Return

This case related to two third country nationals who were ordered to leave the Netherlands, without being granted a period for voluntary departure, on the basis that they constituted a risk to public policy.

The CJEU gave guidance on the meaning of Article 7(4) of the Returns Directive, stating that the concept of a ‘risk to public policy’ should be interpreted strictly with an individualised assessment of the personal conduct of the person. Suspicion or conviction for a criminal offence was a relevant consideration. However, it was unnecessary to conduct a new assessment solely relating to the period for voluntary departure where the person had already been found to constitute a risk to public policy. 

Date of decision: 11-06-2015
Relevant International and European Legislation: EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,Article 6,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (2),Recital (6),Recital (10),Recital (11),Recital (24),Article 1,Article 2,Article 3,Article 4,Article 5,Article 6,Article 7,Treaty on the Functioning of the European Union 2010/C 83/01
CJEU - C-562/13, Centre public d’action sociale d’Ottignies-Louvain-La-Neuve v Moussa Abdida
Country of applicant: Nigeria
Keywords: Humanitarian considerations, Serious harm, Protection, Torture, Reception conditions, Return, Health (right to), Vulnerable person

The CJEU ruling concerned the scope of protection available under EU law to third country nationals suffering from serious illness whose removal would amount to inhuman or degrading treatment. The CJEU surmisedthat the removal of a person suffering a serious illness to a country where appropriate treatment was not available could in exceptional circumstances be contrary to the EU Charter of Fundamental Rights, and in such circumstances their removal had to be suspended pursuant to Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals. The Directive 2008/115/EC required the provision of emergency health care and essential treatment of illness to be made available to such persons during the period in which the Member State is required to postpone their removal.

Date of decision: 18-12-2014
Relevant International and European Legislation: Art 1,Art 2,Art 3,Art 3,Article 1,Article 2,Article 3,Article 4,Article 19,Article 20,Article 21,Article 47,Article 3,Recital (2),Recital (12),Article 3,Article 5,Article 9,Article 13,Article 14,Article 3,Article 13
CJEU - Joined Cases C‑473/13 and C‑514/13 Adala Bero v Regierungspräsidium Kassel and Ettayebi Bouzalmate v Kreisverwaltung Kleve
Country of applicant: Morocco, Syria
Keywords: Detention, Reception conditions, Return

A member state cannot rely on the fact that there are no specialized detention facilities in a part of its territory to justify keeping non-citizens in prison pending their removal.

Date of decision: 17-07-2014
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 1,Article 7,Article 14,Article 24,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (2),Recital (6),Recital (16),Recital (17),Article 1,Article 15,1.,5.,6.,Article 16,1.,Article 18