# C_2022064EN.01002102.xml

| 7.2.2022 | EN | Official Journal of the European Union | C 64/21 |
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7.2.2022

EN

Official Journal of the European Union

C 64/21

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Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 25 November 2021 — XXX v État belge, represented by the Secrétaire d’État à l’Asile et la Migration

(Case C-712/21)

(2022/C 64/33)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: XXX

Defendant: État belge, represented by the Secrétaire d’État à l’Asile et la Migration

Questions referred

| 1. | Must Articles 7 and 47 of the Charter of Fundamental Rights of the European Union and Articles 5, [6(6)] and 13 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, (1) read in the light of the judgment [of 19 June 2018, Gnandi (C-181/16, EU:C:2018:465)], be interpreted as meaning that a court hearing an appeal against a return decision adopted pursuant to a decision refusing to grant international protection, when assessing the legality of the return decision, may take account of changes in circumstances that may have a significant bearing on the assessment of the situation under Article 5 cited above, only where those changes occurred prior to the disposal of the international protection proceedings by the Council for asylum and immigration proceedings? |
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1.

Must Articles 7 and 47 of the Charter of Fundamental Rights of the European Union and Articles 5, [6(6)] and 13 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, (1) read in the light of the judgment [of 19 June 2018, Gnandi (C-181/16, EU:C:2018:465)], be interpreted as meaning that a court hearing an appeal against a return decision adopted pursuant to a decision refusing to grant international protection, when assessing the legality of the return decision, may take account of changes in circumstances that may have a significant bearing on the assessment of the situation under Article 5 cited above, only where those changes occurred prior to the disposal of the international protection proceedings by the Council for asylum and immigration proceedings?

| 2. | Must the circumstances referred to in Article 5 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 have arisen at a time when the foreign national was legally resident or allowed to remain? |
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2.

Must the circumstances referred to in Article 5 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 have arisen at a time when the foreign national was legally resident or allowed to remain?

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(1)  OJ 2008 L 348, p. 98.

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