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17/06/2024
DE: The Higher Administrative Court of Bremen referred a question to the CJEU for a preliminary ruling on the interpretation of the Return Directive
17/06/2024
DE: The Higher Administrative Court of Bremen referred a question to the CJEU for a preliminary ruling on the interpretation of the Return Directive

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Referral for a preliminary ruling
Original Documents
Relevant Legislative Provisions
Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals)
Reference
Germany, Higher Administrative Court (Oberverwaltungsgericht/Verwaltungsgerichtshöf), DT v Freie Hansestadt Bremen, 17 June 2024. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4596
Case history

Germany, Federal Administrative Court [Bundesverwaltungsgericht], Applicant v Berlin Senate Department for the Interior and Sport, BVerwG 1 A 1.23, BVerwG 1 A 2.24, 28 November 2024. Link redirects to the English summary in the EUAA Case Law Database.
Other information
Abstract

Registered before the CJEU under C-446/24.


The Higher Administrative Court of Bremen submitted the following question before the CJEU:


‘Must Article 3(6) and Article 11(2) 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 be interpreted as precluding a national provision under which a person, whose right to stay has been terminated and against whom a return decision has been issued because that person constitutes a terrorist threat, is generally to be issued with an entry ban of indefinite duration?'


The AG published its opinion on 2nd October 2025 and it is available here.
Country of Decision
Germany
Court Name
DE: Higher Administrative Court (Oberverwaltungsgericht/Verwaltungsgerichtshöf)
Case Number
Date of Decision
17/06/2024
Country of Origin
Russia
Keywords
National security
Return/Removal/Deportation