Judgment_paragraph 25 · MO v Subdelegación del Gobierno en Toledo (C-568/19)

25The referring court is uncertain whether it is possible, in the main proceedings, to rely directly on the provisions of Directive 2008/115 for the purposes of ordering the removal of MO, even in the absence of any aggravating factors, additional to his illegal stay on Spanish territory. In that regard, it refers to the Court’s case-law which precludes the possibility of applying the provisions of a directive directly to an individual, in particular, the judgments of 26 February 1986, Marshall (152/84, EU:C:1986:84), and of 11 June 1987, X (14/86, EU:C:1987:275). In addition, that court refers to the judgment of 5 December 2017, M.A.S. and M.B. (C‑42/17, EU:C:2017:936), which lays down the limits of the obligation to interpret national law in accordance with the directives, having regard to the principle that offences and penalties must have a proper legal basis.

MO v Subdelegación del Gobierno en Toledo (C-568/19)

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