9.4.2011
EN
Official Journal of the European Union
C 113/8
Reference for a preliminary ruling from the Tribunale di Ragusa (Italy) lodged on 9 February 2011 — Criminal proceedings against Mohamed Mrad
(Case C-60/11)
2011/C 113/15
Language of the case: Italian
Referring court
Tribunale di Ragusa
Party/parties to the main proceedings
Mohamed Mrad
Question referred
1.
Is Directive 2008/115/EC (1) to be regarded as directly applicable within the domestic law of the Italian State with effect from 25 December 2010?
2.
Is Article 14(5)(b) and (5)(c) of Legislative Decree No 286/98, as subsequently amended, incompatible with Articles 15 and 16 of the directive referred to above, with the effect that this court is obliged to disapply the domestic legislation in question?
(1) OJ 2008 L 348, p. 98.
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