CELEX: 62011CN0144
Language: en
Date: 2011-03-24 00:00:00
Title: Case C-144/11: Reference for a preliminary ruling from the Giudice di pace di Mestre (Italy) lodged on 24 March 2011 — Criminal proceedings against Asad Abdallah

21.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 152/17
            
         Reference for a preliminary ruling from the Giudice di pace di Mestre (Italy) lodged on 24 March 2011 — Criminal proceedings against Asad Abdallah
   (Case C-144/11)
   2011/C 152/30
   Language of the case: Italian
   
      Referring court
   
   Giudice di pace di Mestre
   
      Party to the main proceedings
   
   Asad Abdallah
   
      Questions referred
   
   
               1.
            
            
               Does Directive 2008/115/EC (1) preclude a provision of national law, such as Article 10a of Legislative Decree No 286 of 25 July 1998, which categorises as a crime, punishable by a fine of between EUR 5 000 and EUR 10 000, the mere act of entering, or of remaining in, the national territory, in breach of the provisions laid down in relation to immigration where the person who so enters or remains is a citizen of a third country?
            
         
               2.
            
            
               Can Article 2(2)(B) of Directive 2008/115/EC be construed as excluding from the scope of the guarantees laid down in that directive deportation by way of alternative penalty, as provided for in Article 16(1) of Legislative Decree No 286 of 25 July 1998, for the crime consisting in the mere act of entering, or of remaining in, the national territory, as laid down in Article 10a of Legislative Decree No 286 of 25 July 1998?
            
         
      (1)  OJ 2008 L 348, p. 98.