- 1 result found
- 2009
- Court of Justice of the European Union (CJEU)
- Clear
The judgment concerns a reference for a preliminary ruling regarding the interpretation of Article 15(4) to (6) of Directive 2008/115/EC. The applicant in the main proceedings before the Sofia City Administrative Court in Bulgaria, Mr. Said Kadzoev, is a stateless person of Chechen origin. The reference for a preliminary ruling concerned the interaction between detention under asylum law and removal detention and the question whether the former counts within the 18-months maximum period of removal detention under Article 15 (6) of Directive 2008/115. The Court gave clear guidance as to the differentiation between the two types of administrative detention and the different purposes that they serve. The Court also interpreted the concept of a (lack of) reasonable prospect of removal within the meaning of Article 15 (4) of Directive 2008/115, which is of particular relevance in cases of detention of stateless persons.