Case summaries
CJEU (Grand Chamber) - X v Staatssecretaris van Justitie en Veiligheid, Case C-69/21, 22/11/2022
Country of applicant:
Russia
The Return Directive precludes the adoption of a return decision when the person concerned is suffering from a serious illness and there are substantial grounds to believe that their pain would significantly increase if returned, because effective treatment is not available there. Although the Directive does not require Member States to grant a right to residence to such third-country nationals, when implementing the Directive, the right to private and family life must be respected, which includes, among other elements, access to healthcare and medical treatment.
Date of decision:
22-11-2022
Relevant International and European Legislation:
Art 33.1,Article 1,Article 4,Article 7,Art 19.1,Art 19.2,Recital (2),Recital (4),Article 2,Article 3,Article 4,Article 5,Article 6,Article 8,Article 9,Art 51.1,Art 51.2,Art 52.1,Art 52.2,Art 52.3,Art 33.2,Article 3,Art 8.1,Art 8.2