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Case C-673/19: Judgment of the Court (Fifth Chamber) of 24 February 2021 (request for a preliminary ruling from the Raad van State — Netherlands) — M, A, Staatssecretaris van Justitie en Veiligheid v Staatssecretaris van Justitie en Veiligheid, T (Reference for a preliminary ruling — Asylum and immigration — Directive 2008/115/EC — Articles 3, 4, 6 and 15 — Refugee staying illegally in the territory of a Member State — Detention for the purpose of transfer to another Member State — Refugee status in that other Member State — Principle of non-refoulement — No return decision — Applicability of Directive 2008/115)
ECLI:EU:UNKNOWN:62019CA0673
62019CA0673
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Official Journal of the European Union
C 138/7
(Case C-673/19) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Asylum and immigration - Directive 2008/115/EC - Articles 3, 4, 6 and 15 - Refugee staying illegally in the territory of a Member State - Detention for the purpose of transfer to another Member State - Refugee status in that other Member State - Principle of non-refoulement - No return decision - Applicability of Directive 2008/115)
(2021/C 138/08)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicants: M, A, Staatssecretaris van Justitie en Veiligheid
Defendants: Staatssecretaris van Justitie en Veiligheid, T
Operative part of the judgment
Articles 3, 4, 6 and 15 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 a Member State from placing in administrative detention a third-country national residing illegally on its territory, in order to carry out the forced transfer of that national to another Member State in which that national has refugee status, where that national has refused to comply with the order to go to that other Member State and it is not possible to issue a return decision to him or her.
(<span class="oj-super">1</span>) OJ C 423, 16.12.2019.