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Case C-522/11: Reference for a preliminary ruling from the Giudice di Pace di Lecce (Italy) lodged on 13 October 2011 — Criminal proceedings against Abdoul Khadre Mbaye
ECLI:EU:UNKNOWN:62011CN0522
62011CN0522
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Valentina R., lawyer
17.12.2011
Official Journal of the European Union
C 370/17
(Case C-522/11)
2011/C 370/29
Language of the case: Italian
Referring court
Party to the main proceedings
Questions referred
1.Does Article 2(2)(b) of Directive 2008/115/EC preclude the possible application of that directive even when the national legislation (Article 10a of Legislative Decree 286/98) penalises an illegal entry or stay by expulsion as an alternative to criminal law sanctions?
2.Does the Community directive on the return of third-country nationals preclude criminal sanctions where a foreign national is merely unlawfully present on national territory, regardless of whether the administrative return procedure provided for by the national legislation and by the directive itself has been completed?
Language of the case: Italian
(1) OJ 2008 L 348, p. 98.