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CJEU Case C-402/19 / Judgment

LM v Centre public d'action sociale de Seraing

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (First Chamber)
Type:
Decision
Decision date:
30/09/2020
ECLI:
ECLI:EU:C:2020:759

Key facts of the case:

Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/CE – Return of illegally staying third-country nationals – Parent of an adult child suffering from a serious illness – Return decision – Judicial remedy – Automatic suspensory effect – Safeguards pending return – Basic needs – Articles 7, 19 and 47 of the Charter of Fundamental Rights of the European Union.

Outcome of the case:

On those grounds, the Court (First Chamber) hereby rules:

Articles 5, 13 and 14 of Directive 2008/115 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, read in the light of Article 7, Article 19(2) and Articles 21 and 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding national legislation which does not provide, as far as possible, for the basic needs of a third-country national to be met where:

  • that national has appealed against a return decision made in respect of him or her;
  • the adult child of that third-country national is suffering from a serious illness;
  • the presence of that third-country national with that adult child is essential;
  • an appeal was brought on behalf of that adult child against a return decision taken against him or her, the enforcement of which may expose that adult child to a serious risk of grave and irreversible deterioration in his or her state of health, and
  • that third-country national does not have the means to meet his or her needs himself or herself.