Official Journal of the European Union

C series

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C/2025/3397

30.6.2025

(Case C-202/25, Tadmur)

(C/2025/3397)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: HG

Defendant: Minister van Asiel en Migratie

Question referred

Is Article 6 of Directive 2008/115, (<span class="oj-super oj-note-tag">2</span>) in conjunction with Articles 3, 5, 8 and 9(1)(a) of Directive 2008/115, and in conjunction with Articles 17 and 19(2) and (3)(a) of Directive 2011/95, (<span class="oj-super oj-note-tag">3</span>) to be interpreted as meaning that, subject to the exceptions set out in Article 6(2) to (5) of Directive 2008/115, the Member State is obliged to issue a return decision in respect of a third-country national staying illegally on its territory who is excluded from subsidiary protection, and that if removal to the country of destination is contrary to the principle of non-refoulement, the Member State is obliged, at the same time as issuing a return decision, to confirm in writing that the removal of that third-country national has been postponed?

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

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).

Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9).

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ELI: http://data.europa.eu/eli/C/2025/3397/oj

ISSN 1977-091X (electronic edition)

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