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11.03.2021 – Court of Justice - Judgment - Directive 2008/115/EC - M. A. - Aff. C-112/20

Reference for a preliminary ruling – Directive 2008/115/EC – Article 5 – Return decision – Father of a minor child who is a citizen of the European Union – Taking into account the best interests of the child at the time of the adoption of the return decision

(...)

On those grounds, the Court (Tenth Chamber) hereby rules:

Article 5 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, read in conjunction with Article 24 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that Member States are required to take due account of the best interests of the child before adopting a return decision accompanied by an entry ban, even where the person to whom that decision is addressed is not a minor but his or her father.

Judgment of the Court

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