Judgment_paragraph 45 · E (C-240/17)

45In that connection, Article 6(2) of Directive 2008/115, like Article 23(2) and (4) of the CISA, provides for the obligation of the third-country national staying illegally in the territory of a Member State to return immediately to the territory of the Member State which issued him the residence permit and that if the third-country national fails to comply with that obligation, or where his immediate departure is required on grounds of public order or national security, a return decision must be issued to him