Mr. K, of Malian nationality, was, stopped on October 13, 2018 near Montgenèvre by the national gendarmerie and was taken to the police station. He was issued an entry refusal on the same day. The Court found that the applicant could not be refused entry on the basis of French law as the provisions were incompatible with the Return Directive 2008/115/EC .
Court Administrative Tribunal of Marseille
Relevant Law Article 32 Directive (EU) 2016/399, Article 2 Directive 2008/115/EC,
Found for Applicant