CELEX: 62011CN0169
Language: en
Date: 2011-04-07 00:00:00
Title: Case C-169/11: Reference for a preliminary ruling from the Tribunale di Frosinone (Italy) lodged on 7 April 2011 — Criminal proceedings against Patrick Conteh

11.6.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 173/8
            
         Reference for a preliminary ruling from the Tribunale di Frosinone (Italy) lodged on 7 April 2011 — Criminal proceedings against Patrick Conteh
   (Case C-169/11)
   2011/C 173/16
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Frosinone
   
      Party to the main proceedings
   
   Patrick Conteh
   
      Question referred
   
   Are Articles 15 and 16 of Directive 2008/115/EC (1) to be interpreted as precluding a Member State from applying to an illegally staying third country national who does not cooperate in the administrative return procedure measures involving deprivation of liberty, on the basis of measures which are other than detention measures and as defined by national law, without the pre-conditions and safeguards laid down in Articles 15 and 16 of Directive 2008/115, on grounds of failure to comply with a removal order issued by the competent administrative authority in accordance with Article 8(3) of that directive?
   
      (1)  OJ 2008 L 348, p. 98.