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Case C-38/14: Judgment of the Court (Fourth Chamber) of 23 April 2015 (request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco — Spain) — Subdelegación del Gobierno en Gipuzkoa — Extranjería v Samir Zaizoune (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Articles 6(1) and 8(1) — National legislation providing, in the event of illegal staying, for either a fine or removal, depending on the circumstances)

ECLI:EU:UNKNOWN:62014CA0038

62014CA0038

April 23, 2015
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22.6.2015

Official Journal of the European Union

C 205/8

(Case C-38/14) (<span class="super">1</span>)

((Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - Articles 6(1) and 8(1) - National legislation providing, in the event of illegal staying, for either a fine or removal, depending on the circumstances))

(2015/C 205/11)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Subdelegación del Gobierno en Gipuzkoa — Extranjería

Respondent: Samir Zaizoune

Operative part of the judgment

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, in particular, Articles 6(1) and Article 8(1), read in conjunction with Article 4(2) and (3), must be interpreted as precluding legislation of a Member State such as that at issue in the main proceedings, which provides, in the event of third-country nationals illegally staying in the territory of that Member State, depending on the circumstances, for either a fine or removal, since the two measures are mutually exclusive.

*

Language of the case: Spanish.

(<span class="super">1</span>) OJ C 93, 29.3.2014.

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