CELEX: 62011CO0144
Language: en
Date: 2011-09-08 00:00:00
Title: Order of the Court (Fifth Chamber) of 8 September 2011. # Criminal proceedings against Asad Abdallah. # Reference for a preliminary ruling: Giudice di pace di Mestre - Italy. # Reference for a preliminary ruling - No description of the factual context of the main proceedings - Manifest inadmissibility. # Case C-144/11.

Order of the Court (Fifth Chamber) of 8 September 2011 – Criminal proceedings against Asad Abdallah
      (Case C‑144/11)
      Reference for a preliminary ruling – No description of the factual context of the main proceedings – Manifest inadmissibility
      Preliminary rulings – Admissibility – Questions asked without giving details enough of the factual background – Manifest inadmissibility (Art. 267 TFEU; Statute of the Court of Justice, Art. 23; Rules of Procedure of the General Court,
         Arts 92(1) and 103(1)) (see paras 12-13, operative part)
      
      Re: 
      
         
               Reference for a preliminary ruling – Giudice di pace di Mestre – Direct applicability 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 (OJ 2008 L 348, p. 98) – Interpretation of Article 2 of that directive – National legislation
                  providing for a fine of between EUR 5 000 and EUR 10 000 to be imposed on a foreign national who unlawfully enters, or remains
                  in, national territory, and also empowers the court to substitute for that fine deportation for a period of less than five
                  years, in the case of a criminal conviction.
               
            Re: 
      The reference for a preliminary ruling made by the Giudice di pace di Mestre (Italy), by decision of 16 March 2011, is manifestly
         inadmissible.