the decree of deportation was suspended because of a judicial review procedure brought
against that decree by the person concerned is to be taken into account in calculating the
period of detention for the purpose of removal, where the person concerned continued to be
held in a detention facility during that procedure.
50
It must be observed that Article 13(1) and (2) of Directive 2008/115 provide in
particular that the third-country national concerned is to be afforded an effective remedy to
appeal against or seek review of decisions related to return before a competent judicial or
administrative authority or a competent body composed of members who are impartial and
who enjoy safeguards of independence. That authority or body must have the power to
review decisions related to return, including the possibility of temporarily suspending their
enforcement, unless a temporary suspension is already applicable under national legislation.
51 Neither Article 15(5) and (6) of Directive 2008/115 nor any other provision of that
directive permits the view that periods of detention for the purpose of removal should not be
included in the maximum duration of detention defined in Article 15(5) and (6) because of
the suspension of execution of the removal decision.
52
In particular, the suspension of execution of the removal decision because of a
procedure for judicial review of that decision is not one of the grounds for extending the
period of detention laid down in Article 15(6) of Directive 2008/115.
53 The period of detention completed by the person concerned during the procedure in
which the lawfulness of the removal decision is the subject of judicial review must therefore
be taken into account for calculating the maximum duration of detention laid down in Article
15(5) and (6) of Directive 2008/115.
54
If it were otherwise, the duration of detention for the purpose of removal could vary,
sometimes considerably, from case to case within a Member State or from one Member State
to another because of the particular features and circumstances peculiar to national judicial
procedures, which would run counter to the objective pursued by Article 15(5) and (6) of
Directive 2008/115, namely to ensure a maximum duration of detention common to the
Member States.
55 This conclusion is not called into question by the judgment in Case C-19/08 Petrosian
[2009] ECR I-0000 relied on by the Bulgarian Government. In that case, which concerned the
interpretation of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the
criteria and mechanisms for determining the Member State responsible for examining an
asylum application lodged in one of the Member States by a third-country national (OJ 2003
L 50, p. 1), the Court held that where, in the context of the procedure for transfer of an
asylum seeker, the legislation of the requesting Member State provides for suspensive effect
of an appeal, the period for implementation of the transfer laid down in Article 20(1)(d) of
that regulation begins to run, not as from the time of the provisional judicial decision
suspending the implementation of the transfer procedure, but only as from the time of the
judicial decision which rules on the merits of the procedure and which is no longer such as to
prevent its implementation.
56 That interpretation of Article 20(1)(d) of Regulation No 343/2003 cannot be transposed
to the context of the interpretation of Article 15(5) and (6) of Directive 2008/115. While the
period at issue in the Petrosian case determines the time available to the requesting Member