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Order of the Court (Fifth Chamber) of 8 September 2011.#Criminal proceedings against Asad Abdallah.#Reference for a preliminary ruling: Giudice di pace di Mestre - Italy.#Reference for a preliminary ruling - No description of the factual context of the main proceedings - Manifest inadmissibility.#Case C-144/11.
ECLI:EU:C:2011:565
62011CO0144
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(Case C‑144/11)
Reference for a preliminary ruling – No description of the factual context of the main proceedings – Manifest inadmissibility
Preliminary rulings – Admissibility – Questions asked without giving details enough of the factual background – Manifest inadmissibility (Art. 267 TFEU; Statute of the Court of Justice, Art. 23; Rules of Procedure of the General Court, Arts 92(1) and 103(1)) (see paras 12-13, operative part)
Re:
Reference for a preliminary ruling – Giudice di pace di Mestre – Direct applicability 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 (OJ 2008 L 348, p. 98) – Interpretation of Article 2 of that directive – National legislation providing for a fine of between EUR 5 000 and EUR 10 000 to be imposed on a foreign national who unlawfully enters, or remains in, national territory, and also empowers the court to substitute for that fine deportation for a period of less than five years, in the case of a criminal conviction.
Re:
The reference for a preliminary ruling made by the Giudice di pace di Mestre (Italy), by decision of 16 March 2011, is manifestly inadmissible.