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Case C-169/11: Reference for a preliminary ruling from the Tribunale di Frosinone (Italy) lodged on 7 April 2011 — Criminal proceedings against Patrick Conteh
ECLI:EU:UNKNOWN:62011CN0169
62011CN0169
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Official Journal of the European Union
C 173/8
(Case C-169/11)
2011/C 173/16
Language of the case: Italian
Referring court
Party to the main proceedings
Question referred
Are Articles 15 and 16 of Directive 2008/115/EC (1) to be interpreted as precluding a Member State from applying to an illegally staying third country national who does not cooperate in the administrative return procedure measures involving deprivation of liberty, on the basis of measures which are other than detention measures and as defined by national law, without the pre-conditions and safeguards laid down in Articles 15 and 16 of Directive 2008/115, on grounds of failure to comply with a removal order issued by the competent administrative authority in accordance with Article 8(3) of that directive?
(1) OJ 2008 L 348, p. 98.