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Case C-636/16: Judgment of the Court (Eight Chamber) of 7 December 2017 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Pamplona — Spain) — Wilber López Pastuzano v Delegación del Gobierno en Navarra (Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 12 — Adoption of a decision to expel a long-term resident — Matters to be taken into consideration — National legislation — Failure to take those matters into consideration — Whether compatible)
ECLI:EU:UNKNOWN:62016CA0636
62016CA0636
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Official Journal of the European Union
C 52/11
(Case C-636/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Status of third-country nationals who are long-term residents - Directive 2003/109/EC - Article 12 - Adoption of a decision to expel a long-term resident - Matters to be taken into consideration - National legislation - Failure to take those matters into consideration - Whether compatible))
(2018/C 052/15)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Wilber López Pastuzano
Defendant: Delegación del Gobierno en Navarra
Operative part of the judgment
Article 12 of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents must be interpreted as precluding legislation of a Member State which, as interpreted by some of the courts of that Member State, does not provide for the application of the requirements of protection against the expulsion of a third-country national who is a long-term resident to all administrative expulsion decisions, regardless of the legal nature of that measure or of the detailed rules governing it.
(<span class="note">1</span>) OJ C 46,13.2.2017.