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Case C-673/19: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 11 September 2019 — M, A, Staatssecretaris van Justitie en Veiligheid, other parties: Staatssecretaris van Justitie en Veiligheid, T

ECLI:EU:UNKNOWN:62019CN0673

62019CN0673

September 11, 2019
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16.12.2019

Official Journal of the European Union

C 423/21

(Case C-673/19)

(2019/C 423/26)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicants: M, A, Staatssecretaris van Justitie en Veiligheid

Defendants: Staatssecretaris van Justitie en Veiligheid, T

Question referred

Does 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), (1) in particular Articles 3, 4, 6 and 15 thereof, preclude a foreign national who enjoys international protection in another EU Member State from being detained under national law, given that the purpose of the detention is removal to that other Member State and, for that reason, an instruction to depart to the territory of that Member State had initially been issued but no return decision was subsequently taken?

* * *

(1) P. 98.

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