Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/10/2013

Subject: The Court affirmed that Directive 2008/115/EC, on common standards and procedures in Member States for returning illegally staying third-country nationals, must be interpreted as meaning that, where the extension of a detention measure has been decided in an administrative procedure in breach of the right to be heard, the national court responsible for assessing the lawfulness of that extension decision may order the lifting of the detention measure only if it considers, in the light of all of the factual and legal circumstances of each case, that the infringement at issue actually deprived the party relying thereon of the possibility of arguing his defence better, to the extent that the outcome of that administrative procedure could have been different.

Parties: M.G., N.R.

Classification: Justice - Art. 47 Justice: effective - Art. 48 Rights of defence

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