Case summaries
CJEU - C-546/19, BZ v Westerwaldkreis, 3 June 2021
The Court finds that third-country nationals without a valid residence title in a Member State are illegally present in that Member State and thus fall under the scope of the Return Directive, irrespective of the situation or the measures that led to the illegal presence of the person concerned. Against this backdrop, the Court holds that a deportation order cannot uphold an entry and residence ban without there being any return decision for the applicant which is thus incompatible with the Return Directive.
Date of decision:
03-06-2021
Relevant International and European Legislation:
Article 4,Article 1,Article 2,Article 3,Article 6,Article 7,Article 9,Article 11,Article 3,Treaty on the Functioning of the European Union 2010/C 83/01 - Art 10,Article 267 § 2,Article 267 § 1 (b)