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Case C-290/14: Judgment of the Court (Fourth Chamber) of 1 October 2015 (request for a preliminary ruling from the Tribunale di Firenze — Italy) — Criminal proceedings against Skerdjan Celaj (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Return of illegally staying third-country nationals — Return decision accompanied by an entry ban of three years’ duration — Breach of an entry ban — Third-country national previously removed — Sentence of imprisonment in case of new unlawful entry into the national territory — Compatibility)

ECLI:EU:UNKNOWN:62014CA0290

62014CA0290

October 1, 2015
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16.11.2015

Official Journal of the European Union

C 381/8

(Case C-290/14) (<span class="super">1</span>)

((Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2008/115/EC - Return of illegally staying third-country nationals - Return decision accompanied by an entry ban of three years’ duration - Breach of an entry ban - Third-country national previously removed - Sentence of imprisonment in case of new unlawful entry into the national territory - Compatibility))

(2015/C 381/08)

Language of the case: Italian

Referring court

Party in the main proceedings

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 must be interpreted as not, in principle, precluding legislation of a Member State which provides for the imposition of a prison sentence on an illegally staying third-country national who, after having been returned to his country of origin in the context of an earlier return procedure, unlawfully re-enters the territory of that State in breach of an entry ban.

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Language of the case: Italian.

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(<span class="super">1</span>) OJ C 292, 1.9.2014.

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