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Case C-531/19: Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 11 July 2019 — PO v Subdelegación del Gobierno en Ciudad Real
ECLI:EU:UNKNOWN:62019CN0531
62019CN0531
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Valentina R., lawyer
4.11.2019
Official Journal of the European Union
C 372/11
(Case C-531/19)
(2019/C 372/10)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: PO
Defendant: Subdelegación del Gobierno en Ciudad Real
Question referred
Is an interpretation such as that set out in judgments of the Spanish Supreme Court No 191/2019 of 19 February 2019, appeal in cassation 5607/2017 (ECLI:ES:TS:2019:580), and No 257/2019 of 27 February 2019, appeal in cassation 5809/2017 (ECLI:ES:TS:2019:663), according to which, through an interpretation of Directive 2001/40/EC, (<span class="super note-tag">1</span>) it is possible to come to the conclusion that any third-country national holding a long-term residence permit who has committed an offence punishable by a sentence of at least one year in duration can and should be ‘automatically’ removed, that is to say, [without] needing to give any consideration to his personal, family, social or employment circumstances, compatible with Article 12 of Council [Directive] 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, (<span class="super note-tag">2</span>) and with — inter alia — the judgments of the Court of Justice of the European Union of 7 December 2017 (Case C-636/16 <span class="italic">López Pastuzano</span> (C-636/16, EU:C:2017:949)) and of 8 December 2011 (Case C-371/08 <span class="italic">Ziebell</span> (C-371/08, EU:C:2011:809))?
Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ 2001 L 149, p. 34).
OJ 2004 L 16, p. 44.
Judgment of 7 December 2017, <span class="italic">López Pastuzano</span> (C-636/16, EU:C:2017:949).
Judgment of 8 December 2011, <span class="italic">Ziebell</span> (C-371/08, EU:C:2011:809).
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Language of the case: Spanish.