The case concerned the irregular entry of a Tunisian national from Italy to France, where he was apprehended. He was refused entry. The legal proceedings were an action in annullment of the return decision. The Court found that the return decision was devoid of legal basis and alligned its decision with CJEU C-144/17 and decision n° 428178 of 27 November 2020 of the French Conseil d’Etat.
A.O. – No. 2003638
Court Administrative Tribunal of Nice
Relevant Law Article 14, Article 25, Article 32 Regulation (EU) 2016/399 Article 2 Directive 2008/115/EC
Found for Applicant