Judgment_paragraph 69 · Z. Zh. v Staatssecretaris van Veiligheid en Justitie and Staatssecretaris van Veiligheid en Justitie v I. O (C-554/13)

69Secondly, as the Court has already held, the right to be heard before the adoption of a return decision implies that the competent national authorities are under an obligation to enable the person concerned to express his point of view on the detailed arrangements for his return, such as the period allowed for departure and whether return is to be voluntary or coerced (see the judgment in Boudjlida, C‑249/13, EU:C:2014:2431, paragraph 51). Moreover, as is apparent from recitals 2, 6, 11 and 24 in the preamble to Directive 2008/115 and from Article 5 thereof, according to general principles of EU law, including the principle of proportionality, decisions taken under that directive must be adopted on a case-by-case basis and properly take into account the fundamental rights of the person concerned.