19.12.2022

Official Journal of the European Union

C 482/9

(Case C-629/22)

(2022/C 482/13)

Language of the case: Swedish

Referring court

Parties to the main proceedings

Applicant: A.L.

Defendant: Migrationsverket

Questions referred

1.What is the meaning of Article 6(2) of the Returns Directive? Does it mean that a third-country national must be requested to return immediately from the Member State in which he or she is staying illegally to the Member State in which he or she has a valid residence permit, unless the third-country national’s immediate departure is required for reasons of public policy or national security?

2.Does the Returns Directive or other EU law provide guidance on what the consequence is of a national authority not issuing the necessary request pursuant to Article 6(2) of the Returns Directive? Does a failure to issue the necessary request mean that the removal decision and the decision banning return are invalid?

3.If Article 6(2) of the Returns Directive entails such a request and consequence, is it sufficiently clear and precise to have direct effect?

4.Is national legislation, such as the Swedish rule in Paragraph 6 a of Chapter 8 of the Law on foreign nationals, which creates additional exemptions from a possible obligation to issue a [request], compatible with EU law?

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 (OJ 2008 L 348, p. 98).

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Language of the case: Swedish