Judgment_paragraph 42 · K. v Staatssecretaris van Veiligheid en Justitie (C-18/16)

42First, the first subparagraph of Article 8(3) of Directive 2013/33 lists exhaustively the various grounds which may justify recourse to detention and each of those grounds meets a specific need and is self-standing (see, to that effect, judgment of 15 February 2016, N., C‑601/15 PPU, EU:C:2016:84, paragraph 59). In that regard, it is apparent from the wording of the first subparagraph of Article 8(3)(a) of that directive that an applicant may be subject to such a measure only where he has failed to communicate his identity or nationality or the identification papers justifying that, notwithstanding his obligation to cooperate. Likewise, it results from the first subparagraph of Article 8(3)(b) of that directive that an applicant may be detained only where certain elements on which his application for international protection is based ‘could not be obtained in the absence of detention, in particular when there is a risk of absconding of the applicant’.