ANAFE, Médecins du Monde v the State - No. 450879 and 450987
| France | FINAL | Council of State | Article 2 Directive 2008/115/EC, Article 13 Regulation (EU) 2016/399 | 2021 | State |
The Council of State made a distinction between people arrested after crossing the border, who must be subject to the Return Directive 2008/115/EC (case law Conseil d’Etat No. 428178, November 2020), and those who are arrested before crossing the border for whom the refusal of entry is compatible with European law.
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