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Case C-484/22, Bundesrepublik Deutschland (Return of a minor without his parents): Order of the Court (Eighth Chamber) of 15 February 2023 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Bundesrepublik Deutschland v GS, represented by his parents (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Immigration policy — Return of illegally staying third-country nationals — Directive 2008/115/EC — Article 5(a) and (b) — Return decision adopted in respect of a third-country national — Minor third-country national separated from parents in the event of return — Best interests of the child — Right to respect for family life)
ECLI:EU:UNKNOWN:62022CB0484
62022CB0484
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19.6.2023
Official Journal of the European Union
C 216/22
(Case C-484/22, (<span class="oj-super oj-note-tag">1</span>) Bundesrepublik Deutschland (Return of a minor without his parents))
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Immigration policy - Return of illegally staying third-country nationals - Directive 2008/115/EC - Article 5(a) and (b) - Return decision adopted in respect of a third-country national - Minor third-country national separated from parents in the event of return - Best interests of the child - Right to respect for family life)
(2023/C 216/29)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Bundesrepublik Deutschland
Defendant: GS, represented by his parents
interested party: Vertreterin des Bundesinteresses beim Bundesverwaltungsgericht
Operative part of the order
Article 5(a) and (b) of 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
must be interpreted as requiring that the best interests of the child and the family life of that child be protected in proceedings leading to the adoption of a return decision in respect of a minor, and that it is not sufficient for that minor to be able to rely on those two protected interests in subsequent proceedings relating to the enforcement of that return decision in order to obtain a suspension of that enforcement, if appropriate.
(<span class="oj-super">1</span>) OJ C 380, 3.10.2022.