Judgment_paragraph 32 · Criminal proceedings against JZ (C-806/18)

32In paragraphs 45 to 51 of the judgment of 26 July 2017, Ouhrami (C‑225/16, EU:C:2017:590), on the scope of which the referring court harbours doubts, the Court noted, in essence, that it follows both from the use of the term ‘entry ban’, the wording of Article 3(4) and (6) of Directive 2008/115, the wording and aim of Article 11(1) and from the general scheme of that directive, which draws a clear distinction between, on the one hand, a return decision and a possible removal decision, and on the other hand, an entry ban, that such a ban is intended to supplement a return order by prohibiting the person concerned, for a specified period of time following his return, thus after leaving the territory of the Member States, from again entering and staying in that territory. A possible entry ban thus constitutes a means of increasing the effectiveness of the European Union’s return policy by ensuring that, for a certain period after the removal of a third-country national who was staying illegally, that person can no longer lawfully return to the territory of the Member States. Accordingly, in order for an entry ban to come into effect, the person concerned must previously have left that territory.