Official Journal of the European Union

C series

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C/2025/3636

14.7.2025

(Case C-313/25, Adrar

(C/2025/3636)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellant: GB

Respondent: Minister van Asiel en Migratie

Questions referred

Are Articles 5, 13(1) and (2), and 15 of Directive 2008/115, (2) read in conjunction with Articles 6, 19(2) and 47 of the Charter of Fundamental Rights of the European Union, to be interpreted as meaning that a judicial authority, when reviewing compliance with the conditions governing the lawfulness of the detention of a third-country national which derive from EU law, is required to satisfy itself, if necessary of its own motion, that the principle of non-refoulement does not preclude the enforcement of the return decision previously adopted and for the purposes of its enforcement the third-country national was detained?

Are Articles 5, 13(1) and (2), and 15 of Directive 2008/115, read in conjunction with Articles 6, 7, 24(2) and 47 of the Charter of Fundamental Rights of the European Union, to be interpreted as meaning that a judicial authority, when reviewing compliance with the conditions governing the lawfulness of the detention of a third-country national which derive from EU law, is required to satisfy itself, if necessary of its own motion, that the interests referred to in Article 5 of Directive 2008/115 do not preclude the enforcement of the return decision previously adopted and for the purposes of its enforcement the third-country national was detained?

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(1) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2) 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 (OJ 2008 L 348, p. 98).

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ELI: http://data.europa.eu/eli/C/2025/3636/oj

ISSN 1977-091X (electronic edition)

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