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Case C-94/11: Reference for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 28 February 2011 — Criminal proceedings against Survival Godwin
ECLI:EU:UNKNOWN:62011CN0094
62011CN0094
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7.5.2011
Official Journal of the European Union
C 139/14
(Case C-94/11)
2011/C 139/26
Language of the case: Italian
Referring court
Party/parties to the main proceedings
Question(s) referred
In the light of the principles of sincere cooperation and the effectiveness of directives, do Articles 15 and 16 of Directive 2008/115/EC preclude the possibility that the conduct of a third-country national illegally staying in a Member State may be categorised as punishable under criminal law — simply on account of his lack of cooperation in the deportation procedure, in particular his mere failure to comply with a removal order issued by the administrative authorities — by a sentence of imprisonment of up to four years for failure to comply with the initial order issued by the Questore and a term of imprisonment of up to five years for failure to comply with subsequent orders?
Language of the case: Italian
(1) OJ 2008 L 348, p. 98.