The Court of Justice of the European Union, in its judgment of November 22, 2022, File number: C-69/21, (ECLI:EU:C:2022:913) establishes the following in relation to art. 5 of the Return Directive:
Article 5 of Directive 2008/115/EC of the European Parliament and of the Council, of December 16, 2008, on common rules and procedures in the Member States for the return of illegally staying third-country nationals, in relation to with Articles 1, 4 and 19(2) of the Charter of Fundamental Rights of the European Union,
should be interpreted as meaning that:
opposes the issuance of a return decision or expulsion measure against a third-country national who is in an irregular situation in the territory of a Member State and is afflicted with a serious illness when there are serious and well-founded reasons to believe that in the third country to which the person concerned would be expelled would be exposed to the danger of a considerable, irreparable and rapid increase in his pain, in the event of his return, due to the prohibition in that country of the only effective analgesic treatment. The Member State cannot establish a strict period during which, for it to be an impediment to that return decision or expulsion measure, such an increase must materialize.
