within the meaning of that directive no account is to be taken of the period during which
execution of a decision of removal from the Member State was suspended under an express
provision on the ground that an appeal against that decision is pending, even though during
the period of that procedure the third-country national has continued to stay in that
specialised detention facility, where he did not have valid identity documents and there is
therefore some doubt as to his identity or where he does not have any means of supporting
himself or where he has demonstrated aggressive conduct?
3.
Must Article 15(4) of Directive 2008/115 … be interpreted as meaning that removal is
not reasonably possible where:
(a) at the time when a judicial review of the detention is conducted, the State of which the
person is a national has refused to issue him with a travel document for his return and until
then there was no agreement with a third country in order to secure the person’s entry there
even though the administrative bodies of the Member State are continuing to make
endeavours to that end?
(b) at the time when a judicial review of the detention is conducted there was an
agreement for readmission between the European Union and the State of which the person is
a national, but, owing to the existence of new evidence, namely the person’s birth certificate,
the Member State did not refer to the provisions of that agreement, if the person concerned
does not wish to return?
(c) the possibilities of extending the detention periods provided for in Article 15(6) of the
directive have been exhausted in the situation where no agreement for readmission has been
reached with the third country at the time when a judicial review of his detention is
conducted, regard being had to Article 15(6)(b) of the directive?
4.
Must Article 15(4) and (6) of Directive 2008/115 … be interpreted as meaning that if at
the time when the detention with a view to removal of the third-country national is reviewed
there is found to be no reasonable ground for removing him and the grounds for extending his
detention have been exhausted, in such a case:
(a) it is none the less not appropriate to order his immediate release if the following
conditions are all met: the person concerned does not have valid identity documents,
whatever the duration of their validity, with the result that there is a doubt as to his identity,
he is aggressive in his conduct, he has no means of supporting himself and there is no third
person who has undertaken to provide for his subsistence?
(b) with a view to the decision on release it must be assessed whether, under the
provisions of the national law of the Member State, the third-country national has the
resources necessary to stay in the Member State as well as an address at which he may
reside?’
The urgent procedure
31 The Administrativen sad Sofia-grad asked for the reference for a preliminary ruling to
be dealt with under an urgent procedure pursuant to Article 104b of the Rules of Procedure.