Judgment_paragraph 103 · K.A. and Others v Belgische Staat (C-82/16)

103It follows that, when the competent national authority is contemplating the adoption of a return decision, that authority must necessarily observe the obligations imposed by Article 5 of Directive 2008/115 and hear the person concerned on that subject. In that regard, the person concerned must cooperate with the competent national authority when he is heard in order to provide the authority with all the relevant information on his personal and family situation and, in particular, information which might justify a return decision not being issued (judgment of 11 December 2014, Boudjlida, C‑249/13, EU:C:2014:2431, paragraphs 49 and 50).