Reference for a preliminary ruling from the Corte D'Appello Di Trento (Italy) lodged on 10 February 2011 - Criminal proceedings against Hassen El Dridi alias Karim Soufi

(Case C-61/11)

Language of the case: Italian

Referring court

Corte D'Appello Di Trento

Party to the main proceedings

Hassen El Dridi, alias Karim Soufi

Questions referred

In the light of the principle of sincere cooperation, the purpose of which is to ensure the attainment of the objectives of the directive, and the principle that the penalty must be proportionate, appropriate and reasonable, do Articles 15 and 16 of Directive 2008/115/EC ¹ preclude:

the possibility that criminal sanctions may be imposed in respect of a breach of an intermediate stage in the administrative return procedure, before that procedure is completed, by having recourse to the most severe administrative measure of constraint which remains available?

the possibility of a sentence of up to four years' imprisonment being imposed in respect of a simple failure to cooperate in the deportation procedure on the part of the person concerned, in particular where the first removal order issued by the administrative authorities has not been complied with?

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¹ - OJ 2008 L 348, p. 98.