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Case C-63/11: Reference for a preliminary ruling from the Tribunale di Rovereto (Italy) lodged on 11 February 2011 — Criminal proceedings against John Austine
ECLI:EU:UNKNOWN:62011CN0063
62011CN0063
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16.4.2011
Official Journal of the European Union
C 120/5
(Case C-63/11)
2011/C 120/09
Language of the case: italian
Referring court
Party to the main proceedings
Question referred
In the light of the principles of sincere cooperation and the effectiveness of directives, are Articles 15 and 16 of Directive 2008/115/EC (1) to be interpreted as precluding a Member State from providing that an illegally staying third country national who fails to cooperate in the administrative return procedure is to be subject to measures involving deprivation of liberty on the basis of measures, other than detention measures, as defined under national law, in the absence of the requirements and safeguards laid down in Articles 15 and 16, on grounds of failure to comply with a removal order issued by the competent administrative authorities in accordance with Article 8(3) of the directive?
(1) OJ 2008 L 348, p. 98.