Request for a preliminary ruling from the Rechtbank Limburg (Netherlands) lodged on 13 November 2023 – C v Staatssecretaris van Justitie en Veiligheid

(Case C-669/23, Zhang ¹ )

Language of the case: Dutch

Referring court

Rechtbank Limburg

Parties to the main proceedings

Applicant: C

Defendant: Staatssecretaris van Justitie en Veiligheid

Questions referred

(1)    Must Articles 3, 5, 6, 8 and 9 of the Return Directive ¹ be interpreted as meaning that it is only if the interests and principles referred to in Article 5 of the Return Directive precluding removal by the Member State to the country of destination also preclude a third-country national from not voluntarily or independently being able to comply with the obligation to return by departing to another third country that no return decision may be adopted, or a return decision which has already been adopted must be withdrawn or suspended?

(2)    Is national legislation under which entitlement to basic services is linked to lawful residence compatible with Article 5 of the Return Directive, in conjunction with recitals 12 and 24 thereof and Articles 1 and 7 of the Charter of Fundamental Rights, and, if so, must the existence of such legislation be taken into account in determining whether a return decision can be adopted and/or maintained where a third-country national cannot be removed?

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¹ The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

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).