CELEX: 62011CN0094
Language: en
Date: 2011-02-28 00:00:00
Title: Case C-94/11: Reference for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 28 February 2011 — Criminal proceedings against Survival Godwin

7.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 139/14
            
         Reference for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 28 February 2011 — Criminal proceedings against Survival Godwin
   (Case C-94/11)
   2011/C 139/26
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Bergamo
   
      Party/parties to the main proceedings
   
   Survival Godwin
   
      Question(s) referred
   
   In the light of the principles of sincere cooperation and the effectiveness of directives, do Articles 15 and 16 of Directive 2008/115/EC (1) preclude the possibility that the conduct of a third-country national illegally staying in a Member State may be categorised as punishable under criminal law — simply on account of his lack of cooperation in the deportation procedure, in particular his mere failure to comply with a removal order issued by the administrative authorities — by a sentence of imprisonment of up to four years for failure to comply with the initial order issued by the Questore and a term of imprisonment of up to five years for failure to comply with subsequent orders?
   
      (1)  OJ 2008 L 348, p. 98.