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Valentina R., lawyer
(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
Applicant: WM
Defendant: Stadt Frankfurt am Main
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.