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CJEU Case C-233/19 / Opinion

B. v Centre public d'action sociale de Líège (CPAS)

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Return of illegally staying third-country nationals – Third-country national suffering from a serious illness – Return decision – Judicial remedy – Automatic suspensory effect – Conditions – Grant of social assistance – Articles 19 and 47 of the Charter of Fundamental Rights of the European Union.

Outcome of the case:

In the light of the foregoing considerations, I propose that the Court should answer the question referred for a preliminary ruling by the cour du travail de Liège (Higher Labour Court, Liège, Belgium) as follows:

The provisions 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, in particular Articles 5, 13 and 14(1)(b), preclude the legislation of a Member State under which the social assistance received by a third-country national who is the subject of a return decision against which an appeal has been lodged and who is suffering from a serious illness is limited to urgent medical assistance, if (i) that assistance does not cover his basic needs by guaranteeing that he may in fact avail himself of emergency health care and essential treatment for illness and (ii) the national in question lacks the means to provide for himself.