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Case C-18/19: Judgment of the Court (First Chamber) of 2 July 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WM v Stadt Frankfurt am Main (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 — Conditions of detention — Article 16(1) — Detention in prison accommodation for the purpose of removal — Third-country national who poses a serious threat to public policy or public security)

ECLI:EU:UNKNOWN:62019CA0018

62019CA0018

July 2, 2020
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24.8.2020

Official Journal of the European Union

C 279/7

(Case C-18/19) (1)

(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 - Conditions of detention - Article 16(1) - Detention in prison accommodation for the purpose of removal - Third-country national who poses a serious threat to public policy or public security)

(2020/C 279/10)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: WM

Defendant: Stadt Frankfurt am Main

Operative part of the judgment

Article 16(1) 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 must be interpreted as not precluding national legislation which allows an illegally staying third-country national to be detained in prison accommodation for the purpose of removal, separated from ordinary prisoners, on the ground that he poses a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society or the internal or external security of the Member State concerned.

(1) OJ C 112, 25.3.2019.

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