Ouhrami (Judgment) French Text [2017] EUECJ C-225/16 (26 July 2017)

Ouhrami (Judgment) French Text [2017] EUECJ C-225/16 (26 July 2017)

The duration of an entry ban under Article 11(2) of Directive 2008/115/EC, which in principle may not exceed five years, must be calculated from the date on which the person concerned actually leaves the territory of the Member States, not from the date of issuance or notification of the ban. This interpretation...

Source-derived case information.

Citation
[2017] EUECJ C-225/16
Parties
Applicant: Mossa Ouhrami; Respondent: Government of the Netherlands; Intervener: Government of Denmark; Intervener: European Commission; Intervener: Government of Switzerland
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Hoge Raad Der Nederlanden (supreme Court of the Netherlands)
Outcome
Preliminary ruling issued; question answered.
Legal Topics
Interpretation of Directive 2008/115/ec, Return of Third Country Nationals, Entry Bans, Transitional Provisions, Calculation of Entry Ban Duration
European Union Law Immigration Law Criminal Law Interpretation of Directive 2008/115/ec Return of Third Country Nationals Entry Bans Transitional Provisions Calculation of Entry Ban Duration

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Parties

Mossa Ouhrami

Applicant

Government of the Netherlands

Respondent

Government of Denmark

Intervener

European Commission

Intervener

Government of Switzerland

Intervener

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Hoge Raad Der Nederlanden (supreme Court of the Netherlands)

  1. 1 From which date should the duration of an entry ban under Article 11(2) of Directive 2008/115/EC be calculated?
  2. 2 Does the Directive apply to entry bans imposed before its transposition if their effects continue after the Directive's applicability?

Ratio Decidendi

The duration of an entry ban under Article 11(2) of Directive 2008/115/EC, which in principle may not exceed five years, must be calculated from the date on which the person concerned actually leaves the territory of the Member States, not from the date of issuance or notification of the ban. This interpretation ensures uniform application of EU law and prevents individuals from evading the effects of an entry ban by refusing to leave.

Court Disposition

Preliminary ruling issued; question answered.

Orders

  • Article 11(2) of Directive 2008/115/EC must be interpreted as meaning that the duration of the entry ban, which in principle may not exceed five years, must be calculated from the date on which the person concerned actually leaves the territory of the Member States.