CELEX: 62014CA0290
Language: en
Date: 2015-10-01 00:00:00
Title: Case C-290/14: Judgment of the Court (Fourth Chamber) of 1 October 2015 (request for a preliminary ruling from the Tribunale di Firenze — Italy) — Criminal proceedings against Skerdjan Celaj (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Return of illegally staying third-country nationals — Return decision accompanied by an entry ban of three years’ duration — Breach of an entry ban — Third-country national previously removed — Sentence of imprisonment in case of new unlawful entry into the national territory — Compatibility)

16.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 381/8
            
         Judgment of the Court (Fourth Chamber) of 1 October 2015 (request for a preliminary ruling from the Tribunale di Firenze — Italy) — Criminal proceedings against Skerdjan Celaj
   (Case C-290/14) (1)
   
   ((Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2008/115/EC - Return of illegally staying third-country nationals - Return decision accompanied by an entry ban of three years’ duration - Breach of an entry ban - Third-country national previously removed - Sentence of imprisonment in case of new unlawful entry into the national territory - Compatibility))
   (2015/C 381/08)
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Firenze
   
      Party in the main proceedings
   
   Skerdjan Celaj
   
      Operative part of the judgment
   
   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 not, in principle, precluding legislation of a Member State which provides for the imposition of a prison sentence on an illegally staying third-country national who, after having been returned to his country of origin in the context of an earlier return procedure, unlawfully re-enters the territory of that State in breach of an entry ban.
   
      (1)  OJ C 292, 1.9.2014.