Abdel [2012] EUECJ C-75/12 (4 July 2012)
The reference was declared manifestly inadmissible because it failed to provide any description of the factual and regulatory context of the main proceedings, making it impossible for the Court to provide a useful interpretation of EU law.
- Citation
- [2012] EUECJ C-75/12
- Parties
- Applicant: Majali Abdel; Referring Court: Giudice di pace di Revere (Italy)
- Jurisdiction
- European Union
- Judgment Date
- 04 July 2012
- Procedural Posture
- Reference for Preliminary Ruling / Order on Admissibility
- Outcome
- reference declared manifestly inadmissible
- Legal Topics
- Preliminary Ruling, Inadmissibility, Directive 2008/115/ec, Illegal Stay, Expulsion, National Sanctions, Transposition of Directives
Case Brief
Summary, issues, holding and outcome
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Parties
Majali Abdel
Applicant
Giudice di pace di Revere (Italy)
Referring Court
Procedural Posture
Reference for Preliminary Ruling / Order on Admissibility
Legal Issues
- 1 Whether national legislation imposing criminal sanctions for illegal stay is compatible with Directive 2008/115/EC and Article 4(3) TEU
- 2 Whether questions referred without sufficient factual and legislative context are admissible
Ratio Decidendi
The reference was declared manifestly inadmissible because it failed to provide any description of the factual and regulatory context of the main proceedings, making it impossible for the Court to provide a useful interpretation of EU law.
Court Disposition
reference declared manifestly inadmissible
Orders
- The request for a preliminary ruling from the Giudice di pace di Revere (Italy) is manifestly inadmissible.
- Costs are to be determined by the referring court.
Full Case Text
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