8.6.2015

Official Journal of the European Union

C 190/7

(Case C-161/15)

(2015/C 190/07)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Abdelhafid Bensada Benallal

Defendant: Belgian State

Question referred

Does the general principle of European Union Law upholding the rights of the defence, including the right of an individual to be heard by a national authority before any decision is taken by that authority likely adversely to affect that individual’s interests such as a decision ending that individual’s residence authorisation, carry in the legal system of the European Union an equivalent importance to that held by the rules of public policy in the Belgian legal system, and does the principle of equivalence require that a plea can be raised for the first time before the Conseil d’État hearing an appeal in cassation based on breach of the general principle of EU law of the right to a fair hearing as is permitted in the national law for pleas based on public policy?