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Case C-568/19: Judgment of the Court (Sixth Chamber) of 8 October 2020 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — MO v Subdelegación del Gobierno en Toledo (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Article 6(1) and Article 8(1) — Illegal stay — National legislation providing for either a fine or removal, depending on the circumstances — Consequences of the judgment of 23 April 2015, Zaizoune (C-38/14, EU:C:2015:260) — National legislation more favourable to the interested party — Direct effect of directives — Limits)
ECLI:EU:UNKNOWN:62019CA0568
62019CA0568
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30.11.2020
Official Journal of the European Union
C 414/12
(Case C-568/19) (*)
(Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - Article 6(1) and Article 8(1) - Illegal stay - National legislation providing for either a fine or removal, depending on the circumstances - Consequences of the judgment of 23 April 2015, Zaizoune (C-38/14, EU:C:2015:260) - National legislation more favourable to the interested party - Direct effect of directives - Limits)
(2020/C 414/14)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: MO
Defendant: Subdelegación del Gobierno en Toledo
Operative part of the judgment
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 meaning that, where national legislation makes provision, in the event of a third-country national staying illegally in the territory of a Member State, for either a fine or removal, and the latter measure may be adopted only if there are aggravating circumstances concerning that national, additional to his or her illegal stay, the competent national authority may not rely directly on the provisions of that directive in order to adopt a return decision and to enforce that decision, even in the absence of such aggravating circumstances.
(*) Language of the case: Spanish.