Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 20 July 2022 – Bundesrepublik Deutschland v GS, represented by the parents

(Case C-484/22)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Appellant on a point of law: Bundesrepublik Deutschland

Respondent in the appeal on a point of law: GS, represented by the parents

Interested party: Die Vertreterin des Bundesinteresses beim Bundesverwaltungsgericht

Question referred

Must Article 5(1)(a) and (b) of Directive 2008/115/EC ¹ be interpreted as precluding, without exception, the lawfulness of a return decision adopted in respect of a minor third-country national, accompanied by a refusal of his or her application for international protection and setting him or her a time limit for voluntary departure of 30 days from the date on which the decision becomes final, where, for legal reasons, neither parent can be returned to a country referred to in Article 3(3) of Directive 2008/115/EC in the foreseeable future and the minor cannot therefore reasonably be expected to leave the Member State either, on account of his or her family life which is worthy of protection (Articles 7 and 24(2) of the Charter of Fundamental Rights, ² Article 8 of the ECHR), or is it sufficient that, on the basis of a national statutory provision, the child’s best interests and family life within the meaning of Article 5(1)(a) and (b) of Directive 2008/115/EC are to be taken into account, following the adoption of the return decision, by virtue of a suspension of the removal?

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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).

¹     OJ 2000 C 364, p. 1.