Request for a preliminary ruling from the Cour de cassation (France) lodged on 6 February 2015 — Sélina Affum (Amissah by marriage) v Préfet du Pas de Calais, Procureur général de la Cour d'appel de Douai

(Case C-47/15)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: Sélina Affum (Amissah by marriage)

Defendants: Préfet du Pas de Calais, Procureur général de la Cour d'appel de Douai

Questions referred

Is Article 3(2) of Directive 2008/115 ¹ to be interpreted as meaning that a third-country national is staying illegally in the territory of a Member State and thus falls within the scope of that directive, as defined in Article 2(1) thereof, where that foreign national is merely in transit as a passenger on a coach travelling in the territory of that Members State from another Member State forming part of the Schengen area and bound for a different Member State?

Is Article 6(3) of Directive 2008/115 to be interpreted as meaning that that directive does not preclude national legislation under which a third-country national who entered the territory of a Member State illegally is liable to a term of imprisonment where the foreign national in question may be taken back by another Member State pursuant to an agreement or an arrangement concluded with that State prior to the entry into force of the directive?

Depending on the answer given to Question 2, is Directive 2008/115 to be interpreted as precluding national legislation under which a third-country national who entered the territory of a Member State illegally is liable to a term of imprisonment under the same conditions as those laid down by the Court of Justice of the European Union in its judgment in Achughbabian (C-329/11) ² in so far as concerns illegal stay, which are contingent on the person concerned not having been previously subject to the coercive measures referred to in Article 8 of the directive and the duration of that person’s detention?

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¹ 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 (OJ 2008 L 348, p. 98).

² EU:C:2011:807.