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Case C-257/22, Odbor azylové a migrační politiky MV (Scope of the Return Directive): Judgment of the Court (Tenth Chamber) of 9 November 2023 (request for a preliminary ruling from the Krajský soud v Brně — Czech Republic) — CD v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky (Reference for a preliminary ruling — Area of freedom, security and justice — Return of illegally staying third-country nationals — Directive 2008/115/EC — Article 3(2) — Concept of ‘illegal stay’ — Directive 2013/32/EU — Applicant for international protection — Article 9(1) — Right to remain in the Member State pending the examination of the application — Return decision adopted before the adoption of the first-instance decision rejecting the application for international protection)
ECLI:EU:UNKNOWN:62022CA0257
62022CA0257
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Official Journal of the European Union
Series C
C/2024/421
(Case C-257/22, (1) Odbor azylové a migrační politiky MV (Scope of the Return Directive))
(Reference for a preliminary ruling - Area of freedom, security and justice - Return of illegally staying third-country nationals - Directive 2008/115/EC - Article 3(2) - Concept of ‘illegal stay’ - Directive 2013/32/EU - Applicant for international protection - Article 9(1) - Right to remain in the Member State pending the examination of the application - Return decision adopted before the adoption of the first-instance decision rejecting the application for international protection)
(C/2024/421)
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: CD
Defendants: Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky
Operative part of the judgment
Article 2(1) and Article 3(2) 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, read in the light of recital 9 of that directive and in conjunction with Article 9(1) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection,
must be interpreted as meaning that they preclude the adoption of a return decision, under Article 6(1) of Directive 2008/115, in respect of a third-country national after the submission by that person of an application for international protection, but before the adoption of a first-instance decision on that application, irrespective of the period of residence to which that return decision refers.
ELI: http://data.europa.eu/eli/C/2024/421/oj
ISSN 1977-091X (electronic edition)