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Case C-669/23, Zhang: Request for a preliminary ruling from the Rechtbank Limburg (Netherlands) lodged on 13 November 2023 — C v Staatssecretaris van Justitie en Veiligheid
ECLI:EU:UNKNOWN:62023CN0669
62023CN0669
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Official Journal of the European Union
Series C
C/2024/631
15.1.2024
(Case C-669/23, Zhang (*) )
(C/2024/631)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: C
Defendant: Staatssecretaris van Justitie en Veiligheid
Questions referred
(1)Must Articles 3, 5, 6, 8 and 9 of the Return Directive (**) be interpreted as meaning that it is only if the interests and principles referred to in Article 5 of the Return Directive precluding removal by the Member State to the country of destination also preclude a third-country national from not voluntarily or independently being able to comply with the obligation to return by departing to another third country that no return decision may be adopted, or a return decision which has already been adopted must be withdrawn or suspended?
(2)Is national legislation under which entitlement to basic services is linked to lawful residence compatible with Article 5 of the Return Directive, in conjunction with recitals 12 and 24 thereof and Articles 1 and 7 of the Charter of Fundamental Rights, and, if so, must the existence of such legislation be taken into account in determining whether a return decision can be adopted and/or maintained where a third-country national cannot be removed?
(*) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
(**) 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).
ELI: http://data.europa.eu/eli/C/2024/631/oj
ISSN 1977-091X (electronic edition)