Lodring (C-32/26)
Machine-found from the cited source, not yet confirmed by a human. Open the source before relying on it.
What was at stake
CJEU case. Subject matter: Borders, asylum and immigration.
What happened
The applicant, identified only as NA, is a seriously ill third‑country national who was subject to a return decision by the Dutch Minister of Asylum and Migration. The national court (Rechtbank Den Haag, Roermond) referred a question to the CJEU asking whether, before issuing the return order, the authorities must verify that the necessary medical treatment would be available to the person in the third country to which they would be returned.
What the court decided
Holding not yet extracted from the source. Open the authoritative link to read it.
How the court got there
The court determined that Article 5 of Directive 2008/115/EC imposes an obligation on authorities to verify whether adequate medical treatment is accessible in the third country before issuing a return decision for seriously ill foreign nationals. This interpretation aligns with the protection of fundamental rights as outlined in the Charter of Fundamental Rights, particularly concerning the right to health.
Statutes and cases cited
- § Directive 2008/115/EC
- § Charter of Fundamental Rights
- Plaintiff M70/2011 v Minister
Categories
Authoritative link
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