Official Journal of the European Union

C series

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C/2025/1746

31.3.2025

(Case C-877/24, Shamsi)

(C/2025/1746)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicants: X, Minister van Asiel en Migratie, formerly Staatssecretaris van Justitie en Veiligheid

Questions referred

Does Directive 2008/115/EC, (2) in particular Articles 6, 8 and 9 thereof, preclude the issue of a return decision against a foreign national who, due to the enforcement of a long-term or lifelong prison sentence, cannot fulfil his or her return obligation for a long period of time and, as a result, cannot be removed from the territory of the European Union?

If the answer to the first question is yes, is the Member State then obliged to grant a foreign national an independent residence permit or some other form of permission to stay during the stay in long-term or lifelong detention, whether or not under Article 6(4) of Directive 2008/115/EC?

Is there scope under Article 6(1) of Directive 2008/115/EC for a proportionality assessment in the individual case, beyond the exceptions referred to in paragraphs 2 to 5 and the principles and interests listed in Article 5 of that directive?

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(1) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2) 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).

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ELI: http://data.europa.eu/eli/C/2025/1746/oj

ISSN 1977-091X (electronic edition)

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