Order — ECLI:EU:C:2013:190
Date: 2013-03-21
Language of the case: Italian
Court formation: Third Chamber
Subject matter: Immigration and asylum policy;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Italy

Reference for a preliminary ruling from the Giudice di Pace di Lecce (Italy) lodged on 13 October 2011 - Criminal proceedings against Abdoul Khadre Mbaye (Case C-522/11) Language of the case: Italian Referring court Giudice di Pace di Lecce Party to the main proceedings Abdoul Khadre Mbaye Questions referred Does Article 2(2)(b) of Directive 2008/115/EC  preclude the possible application of that directive even when the national legislation (Article 10a of Legislative Decree 286/98) penalises an illegal entry or stay by expulsion as an alternative to criminal law sanctions? Does the Community directive on the return of third-country nationals preclude criminal sanctions where a foreign national is merely unlawfully present on national territory, regardless of whether the administrative return procedure provided for by the national legislation and by the directive itself has been completed? ____________ 1 - OJ 2008 L 348, p. 98.