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Case C-409/20: Judgment of the Court (Third Chamber) of 3 March 2022 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo no 1 de Pontevedra — Spain) — UN v Subdelegación del Gobierno en Pontevedra (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Article 6(1) and Article 8(1) — National legislation providing for the imposition, in the event of illegal stay, of a fine together with an obligation to leave the territory — Possibility of regularising the stay within a prescribed period — Article 7(1) and (2) — Period for voluntary departure)
ECLI:EU:UNKNOWN:62020CA0409
62020CA0409
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25.4.2022
Official Journal of the European Union
C 171/10
(Case C-409/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures in Member States for returning illegally staying third-country nationals - Article 6(1) and Article 8(1) - National legislation providing for the imposition, in the event of illegal stay, of a fine together with an obligation to leave the territory - Possibility of regularising the stay within a prescribed period - Article 7(1) and (2) - Period for voluntary departure)
(2022/C 171/12)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: UN
Defendant: Subdelegación del Gobierno en Pontevedra
Operative part of the judgment
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, in particular Article 6(1) and Article 8(1) of that directive, read in conjunction with Article 6(4), and Article 7(1) and (2) of that directive, must be interpreted as not precluding legislation of a Member State which penalises a third-country national staying illegally in the territory of that Member State, in the absence of aggravating circumstances, initially by a fine together with an obligation to leave the territory of that Member State within a prescribed period unless, before the expiry of that period, that third-country national’s stay is regularised and, subsequently, if that third-country national’s stay is not regularised, by a decision ordering his or her compulsory removal, provided that that period is set in accordance with the requirements laid down in Article 7(1) and (2) of that directive.
(<span class="oj-super">1</span>) OJ C 53, 15.2.2021.