Order — ECLI:EU:C:2015:550
Date: 2015-09-03
Language of the case: Spanish
Court formation: Fourth Chamber
Subject matter: Immigration and asylum policy;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling - inadmissible
Origin: Spain

Request for a preliminary ruling from the Tribunal Superior de Justicia of Castilla La Mancha (Spain) lodged on 2 October 2014 — Manuel Orrego Arias v Subdelegación del Gobierno en Ciudad Real (Case C-456/14) Language of the case: Spanish Referring court Tribunal Superior de Justicia of Castilla La Mancha Parties to the main proceedings Applicant: Manuel Orrego Arias Defendant: Subdelegación del Gobierno en Ciudad Real Question referred The interpretation of the first paragraph of Article 3(1)(a) of Council Directive 2001/40/EC 1 of 28 May, and in particular on whether the term ‘offence punishable by a penalty involving deprivation of liberty of at least one year’, set out in that provision, refers to the penalty prescribed in abstracto for the offence in question or, on the contrary, to the actual term of imprisonment imposed on the convicted person and, in consequence, whether or not the decision of a Member State to expel a national of a third country sentenced to imprisonment of eight months would be recognised by other Member States. ____________ 1 Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ L 149, p. 34).