31Nevertheless, in so far as the situation of the third-country national concerned, which led to the removal preceding the new unlawful entry into the territory of a Member State, fell within the scope of Directive 2008/115, the imposition of a criminal law sanction, such as that at issue in the main proceedings, is admissible only on the condition that the entry ban issued against that national complies with Article 11 of that directive, a matter which is for the referring court to determine.
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