Preliminary ruling. The case before the referring court concerened Ms Affum’s illegal entry into French territory and the extension of her administrative detention. CJEU explained that:
– Article 2(1) and Article 3(2) of Directive 2008/115/EC (the Return Directive) must be interpreted as meaning that a third-country national is staying illegally on the territory of a Member State and therefore falls within the scope of that directive when, without fulfilling the conditions for entry, stay or residence, he passes in transit through that Member State as e.g. a passenger on a bus from another Member State forming part of the Schengen area and bound for a third Member State outside that area.
– CJEU also stated that the said directive must be interpreted as precluding legislation of a Member State which permits a third country national in respect of whom the return procedure established by that directive has not yet been completed, to be imprisoned marely on account of illegal entry across an internal border, resulting in an illegal stay. That interpretation also applies where the national concerned may be taken back by another Member State pursuant to an agreement or arrangement within the meaning of Article 6(3) of the directive.