35It is apparent from the documents before the Court and from the reply given by the referring court to a request for clarification from the Court of Justice that an order to leave French territory, setting a period of one month for a voluntary departure, was served on Mr Achughbabian on 14 February 2009, and that the latter did not comply with that order. As that return decision was no longer operative on 24 June 2011, the date on which Mr Achughbabian was apprehended and placed in police custody, a fresh return decision was adopted on 25 June 2011, this time taking the form of a deportation order, not accompanied by a period for voluntary departure. It follows that, independently of the question whether the situation of the applicant in the main proceedings must be regarded as that of a person who has not complied with a return obligation in the time-limit granted for a voluntary departure or as that of a person subject to a return decision without the fixing of a time-limit for a voluntary departure, the said situation is in any event covered by Article 8(1) of Directive 2008/115 and thus gives rise to the obligation imposed by that article on the Member State concerned to take all measures necessary to carry out removal, namely, pursuant to Article 3, point 5, of the said directive, the physical transportation of the person concerned out of the said Member State.
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