Judgment_paragraph 43 · BZ v Westerwaldkreis (C-546/19)

43In that regard, it should first be recalled that, under Article 2(1) of Directive 2008/115, the directive applies to third-country nationals staying illegally on the territory of a Member State. The concept of an ‘illegal stay’ is defined in Article 3(2) of that directive as ‘the presence on the territory of a Member State, of a third-country national who does not fulfil, or no longer fulfils the conditions of entry as set out in Article 5 of the Schengen Borders Code or other conditions for entry, stay or residence in that Member State’.