Key facts of the case:
Reference for a preliminary ruling: Cour d'appel de Paris - France.
Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - National legislation making provision, in the event of illegal staying, for a sentence of imprisonment and a fine.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
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:
Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.