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Case C-448/19: Judgment of the Court (Ninth Chamber) of 11 June 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — WT v Subdelegación del Gobierno en Guadalajara (Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 12 — Adoption of a decision to expel a long-term resident — Elements to be taken into consideration — National case-law — Failure to take those elements into consideration — Compatibility — Directive 2001/40/EC — Mutual recognition of decisions on the expulsion of third-country nationals — Relevance)
ECLI:EU:UNKNOWN:62019CA0448
62019CA0448
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17.8.2020
Official Journal of the European Union
C 271/19
(Case C-448/19) (*)
(Reference for a preliminary ruling - Status of third-country nationals who are long-term residents - Directive 2003/109/EC - Article 12 - Adoption of a decision to expel a long-term resident - Elements to be taken into consideration - National case-law - Failure to take those elements into consideration - Compatibility - Directive 2001/40/EC - Mutual recognition of decisions on the expulsion of third-country nationals - Relevance)
(2020/C 271/26)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: WT
Defendant: Subdelegación del Gobierno en Guadalajara
Operative part of the judgment
Article 12 of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents must be interpreted as precluding legislation of a Member State which, as interpreted by national case-law with reference to Council Directive 2001/40/EC of 28 May 2001 concerning the mutual recognition of decisions on the expulsion of third-country nationals, provides for the expulsion of any third-country national who holds a long-term residence permit who has committed a criminal offence punishable by a custodial sentence of at least one year, without it being necessary to examine whether the third country national represents a genuine and sufficiently serious threat to public order or public security or to take into account the duration of residence in the territory of that Member State, the age of the person concerned, the consequences of expulsion for the person concerned and family members and the links with the country of residence or the absence of links with the country of origin.
(*) Language of the case: Spanish.