21.5.2011

Official Journal of the European Union

C 152/17

(Case C-144/11)

2011/C 152/30

Language of the case: Italian

Referring court

Party to the main proceedings

Questions referred

1.Does Directive 2008/115/EC preclude a provision of national law, such as Article 10a of Legislative Decree No 286 of 25 July 1998, which categorises as a crime, punishable by a fine of between EUR 5 000 and EUR 10 000, the mere act of entering, or of remaining in, the national territory, in breach of the provisions laid down in relation to immigration where the person who so enters or remains is a citizen of a third country?

2.Can Article 2(2)(B) of Directive 2008/115/EC be construed as excluding from the scope of the guarantees laid down in that directive deportation by way of alternative penalty, as provided for in Article 16(1) of Legislative Decree No 286 of 25 July 1998, for the crime consisting in the mere act of entering, or of remaining in, the national territory, as laid down in Article 10a of Legislative Decree No 286 of 25 July 1998?

Language of the case: Italian

(1) OJ 2008 L 348, p. 98.