# C_2023286EN.01001401.xml

| 14.8.2023 | EN | Official Journal of the European Union | C 286/14 |
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14.8.2023

EN

Official Journal of the European Union

C 286/14

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Order of the Court (Eighth Chamber) of 26 April 2023 (request for a preliminary ruling from the Förvaltningsrätten i Göteborg — Sweden) — A.L. v Migrationsverket

(Case C-629/22, (1) Migrationsverket)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Immigration policy - Directive 2008/115/EC - Common standards and procedures in Member States for returning illegally staying third-country nationals - Article 6(2) - Return decision accompanied by an entry ban of three years’ duration - Third-country national holding a valid residence permit issued by another Member State - Failure by the national police authority to permit that national to go to the territory of that other Member State before it adopts that return decision in respect of that national)

(2023/C 286/16)

Language of the case: Swedish

Referring court

Förvaltningsrätten i Göteborg

Parties to the main proceedings

Applicant: A.L.

Defendant: Migrationsverket

Operative part of the order

| 1. | Article 6(2) 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 the competent authorities of a Member State are required to permit a third-country national staying illegally on the territory of that Member State who holds a valid residence permit or other authorisation offering a right to stay issued by another Member State to go to that other Member State before they adopt, if the circumstances so require, a return decision in respect of such a national, even though those authorities consider it likely that that national will not comply with a request to go to that other Member State. |
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1.

Article 6(2) 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 the competent authorities of a Member State are required to permit a third-country national staying illegally on the territory of that Member State who holds a valid residence permit or other authorisation offering a right to stay issued by another Member State to go to that other Member State before they adopt, if the circumstances so require, a return decision in respect of such a national, even though those authorities consider it likely that that national will not comply with a request to go to that other Member State.

| 2. | Article 6(2) of the Directive 2008/115
  must be interpreted as meaning that in so far as it requires Member States to permit third-country nationals staying illegally on their territory to go to the Member State which issued them with a valid residence permit or other authorisation offering a right to stay before those Member States adopt, if the circumstances so require, a return decision in respect of such nationals, that provision has direct effect and may accordingly be relied on by individuals before the national courts. |
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2.

Article 6(2) of the Directive 2008/115

must be interpreted as meaning that in so far as it requires Member States to permit third-country nationals staying illegally on their territory to go to the Member State which issued them with a valid residence permit or other authorisation offering a right to stay before those Member States adopt, if the circumstances so require, a return decision in respect of such nationals, that provision has direct effect and may accordingly be relied on by individuals before the national courts.

| 3. | Article 6(2) of Directive 2008/115
  must be interpreted as meaning that where, contrary to that provision, a Member State does not permit a third-country national staying illegally on its territory to go immediately to the Member State which issued him or her with a valid residence permit or other authorisation offering a right to stay before it adopts a return decision in respect of that national, the competent national authorities, including national courts hearing an appeal against that return decision and the accompanying entry ban, are required to take all necessary measures to remedy a national authority’s failure to fulfil obligations arising from that provision. |
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3.

Article 6(2) of Directive 2008/115

must be interpreted as meaning that where, contrary to that provision, a Member State does not permit a third-country national staying illegally on its territory to go immediately to the Member State which issued him or her with a valid residence permit or other authorisation offering a right to stay before it adopts a return decision in respect of that national, the competent national authorities, including national courts hearing an appeal against that return decision and the accompanying entry ban, are required to take all necessary measures to remedy a national authority’s failure to fulfil obligations arising from that provision.

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(1)  OJ C 482, 19.12.2022.

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