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Case C-112/20: Judgment of the Court (Tenth Chamber) of 11 March 2021 (request for a preliminary ruling from the Conseil d’État — Belgium) — M. A. v État belge (Reference for a preliminary ruling — Directive 2008/115/EC — Article 5 — Return decision — Father of a minor child who is a citizen of the European Union — Taking into account the best interests of the child at the time of the adoption of the return decision)
ECLI:EU:UNKNOWN:62020CA0112
62020CA0112
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10.5.2021
Official Journal of the European Union
C 182/20
(Case C-112/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Directive 2008/115/EC - Article 5 - Return decision - Father of a minor child who is a citizen of the European Union - Taking into account the best interests of the child at the time of the adoption of the return decision)
(2021/C 182/28)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: M. A.
Defendant: État belge
Operative part of the judgment
Article 5 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 conjunction with Article 24 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that Member States are required to take due account of the best interests of the child before adopting a return decision accompanied by an entry ban, even where the person to whom that decision is addressed is not a minor but his or her father.
(<span class="oj-super">1</span>) OJ C 161, 11.5.2020.
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Language of the case: French