Request for a preliminary ruling from the Cour de cassation (Belgium) lodged on 23 December 2021 – UP v Centre public d’action sociale de Liège

(Case C-825/21)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: UP

Defendant: Centre public d’action sociale de Liège

Question referred

Do Articles 6 and 8 of 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 ¹ preclude a rule of national law under which the consequence of granting authorisation conferring a right to stay in the context of the examination of an application for leave to remain for the purpose of medical treatment, considered to be admissible in the light of the criteria set out above, is that the third-country national is entitled to stay, even temporarily and irregularly, during the examination of that application and that the return decision previously adopted in an asylum procedure, with which the grant of such authorisation is incompatible, is impliedly withdrawn?

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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).