Key facts of the case:
- This request for a preliminary ruling concerns the interpretation of Article 15(6) 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 (OJ 2008 L 348, p. 98) and of Article 41(2)(a) of the Charter of Fundamental Rights of the European Union (‘the Charter’).
- The request has been made in proceedings between Mr G. and Mr R., on the one hand, and the Staatssecretaris van Veiligheid en Justitie (State Secretary for Security and Justice), on the other, concerning the lawfulness of decisions extending the term of detention measures adopted in their regard for the purpose of removal.
Results (sanctions) and key consequences of the case:
The Court (Second Chamber) hereby rules:
European Union law, in particular Article 15(2) and (6) 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 meaning that, where the extension of a detention measure has been decided in an administrative procedure in breach of the right to be heard, the national court responsible for assessing the lawfulness of that extension decision may order the lifting of the detention measure only if it considers, in the light of all of the factual and legal circumstances of each case, that the infringement at issue actually deprived the party relying thereon of the possibility of arguing his defence better, to the extent that the outcome of that administrative procedure could have been different.