Request for a preliminary ruling from the Tribunal de grande instance de Bayonne (France) lodged on 15 April 2013 - Raquel Gianni Da Silva v Préfet des Pyrénées-Atlantiques

(Case C-189/13)

Language of the case: French

Referring court

Tribunal de grande instance de Bayonne

Parties to the main proceedings

Applicant: Raquel Gianni Da Silva

Defendant: Préfet des Pyrénées-Atlantiques

Question referred

Does European Union law preclude national legislation under which illegal entry by a third-country national who has not been subjected to the coercive measures provided for in Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 is punishable by a sentence of imprisonment? 

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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).