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Case C-825/21: Judgment of the Court (Fifth Chamber) of 20 October 2022 (request for a preliminary ruling from the Cour de cassation — Belgium) — UP v Centre public d’action sociale de Liège (Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Directive 2008/115/EC — Return of illegally staying third-country nationals — Asylum application — Rejection — Order to leave the territory — Article 6(4) — Application for leave to remain for the purpose of medical treatment — Admissible application — Issuance of temporary leave to remain while the application is being examined — Dismissal of application — Social assistance — Refusal — Condition relating to the legality of the stay — No return decision — Effect of temporary leave to remain on the order to leave the territory)
ECLI:EU:UNKNOWN:62021CA0825
62021CA0825
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12.12.2022
Official Journal of the European Union
C 472/23
(Case C-825/21) (*)
(Reference for a preliminary ruling - Area of freedom, security and justice - Immigration policy - Directive 2008/115/EC - Return of illegally staying third-country nationals - Asylum application - Rejection - Order to leave the territory - Article 6(4) - Application for leave to remain for the purpose of medical treatment - Admissible application - Issuance of temporary leave to remain while the application is being examined - Dismissal of application - Social assistance - Refusal - Condition relating to the legality of the stay - No return decision - Effect of temporary leave to remain on the order to leave the territory)
(2022/C 472/28)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: UP
Defendant: Centre public d’action sociale de Liège
Operative part of the judgment
Article 6(4) of 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,
must be interpreted as not precluding legislation of a Member State under which, where a right to stay is granted to a third-country national staying illegally on its territory pending the outcome of the processing of an application for leave to remain for one of the reasons covered by that provision, on account of the admissibility of that application, the grant of that right entails the implicit withdrawal of a return decision previously adopted in respect of that national after the rejection of his or her application for international protection.
(*)
Language of the case: French
ECLI:EU:C:2022:140