CELEX: 62019CA0018
Language: en
Date: 2020-07-02 00:00:00
Title: Case C-18/19: Judgment of the Court (First Chamber) of 2 July 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WM v Stadt Frankfurt am Main (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Conditions of detention — Article 16(1) — Detention in prison accommodation for the purpose of removal — Third-country national who poses a serious threat to public policy or public security)

24.8.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 279/7
            
         
      Judgment of the Court (First Chamber) of 2 July 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WM v Stadt Frankfurt am Main
      (Case C-18/19) (1)
      
      (Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures in Member States for returning illegally staying third-country nationals - Conditions of detention - Article 16(1) - Detention in prison accommodation for the purpose of removal - Third-country national who poses a serious threat to public policy or public security)
      (2020/C 279/10)
      Language of the case: German
      
         Referring court
      
      Bundesgerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: WM
      
         Defendant: Stadt Frankfurt am Main
      
         Operative part of the judgment
      
      Article 16(1) of 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 precluding national legislation which allows an illegally staying third-country national to be detained in prison accommodation for the purpose of removal, separated from ordinary prisoners, on the ground that he poses a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society or the internal or external security of the Member State concerned.
      
         (1)  OJ C 112, 25.3.2019.