The applicant, a Somali national, was stopped during a police check close to the French-Italian border, at the Menton Garavan train station. The applicant was refused entry to France. 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.
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