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Joined Cases C-473/13 and C-514/13: Judgment of the Court (Grand Chamber) of 17 July 2014 (requests for a preliminary ruling from the Bundesgerichtshof, Landgericht München I (Germany)) — Adala Bero v Regierungspräsidium Kassel (C-473/13), Ettayebi Bouzalmate v Kreisverwaltung Kleve (C-514/13) (Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Article 16(1) — Detention for the purpose of removal — Detention in prison accommodation — Not possible to provide accommodation for third-country nationals in a specialised detention facility — No such facility in the Land where the third-country national is detained)
ECLI:EU:UNKNOWN:62013CA0473
62013CA0473
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Official Journal of the European Union
C 315/22
(Joined Cases C-473/13 and C-514/13) (<span class="super">1</span>)
((Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures in Member States for returning illegally staying third-country nationals - Article 16(1) - Detention for the purpose of removal - Detention in prison accommodation - Not possible to provide accommodation for third-country nationals in a specialised detention facility - No such facility in the Land where the third-country national is detained))
2014/C 315/33
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Adala Bero (C-473/13), Ettayebi Bouzalmate (C-514/13)
Defendants: Regierungspräsidium Kassel (C-473/13), Kreisverwaltung Kleve (C-514/13)
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 requiring a Member State, as a rule, to detain illegally staying third-country nationals for the purpose of removal in a specialised detention facility of that State even if the Member State has a federal structure and the federated state competent to decide upon and carry out such detention under national law does not have such a detention facility.
(<span class="note">1</span>) OJ C 336, 16.11.2013.
OJ C 367, 14.12.2013.