K and Others v Staatssecretaris van Justitie en Veiligheid (C-156/23)

Judgment of 17 Oct 2024

law://eu/cjeu/2023/c-156-23/para_31@2026-11-14

31Under Article 2(1) of Directive 2008/115 and subject to the exceptions laid down in Article 2(2) thereof, that directive applies to any third-country national staying illegally on the territory of a Member State. Furthermore, it follows from Article 3(2) of that directive, read in conjunction in particular with Article 1 thereof, that any third-country national who is present on the territory of a Member State without fulfilling the conditions for entry, stay or residence there is, by virtue of that fact alone, staying there illegally and falls within the scope of that directive (see, to that effect, judgments of 19 June 2018, Gnandi, C‑181/16, EU:C:2018:465, paragraph 39; of 3 June 2021, Westerwaldkreis, C‑546/19, EU:C:2021:432, paragraphs 43 and 44; and of 9 November 2023, Odbor azylové a migrační politiky MV (Scope of the Return Directive), C‑257/22, EU:C:2023:852, paragraph 36).

K and Others v Staatssecretaris van Justitie en Veiligheid (C-156/23)

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