The court annulled article 1 of the Law of 15 december 1980 on aliens on the grounds that, the absence of an derogatory regime to the benefit of stateless persons for the fee due in the residence regularisation procedure, constitutes an unjustified difference of treatment between refugees and stateless persons. The absence of an automatic right of residence implies that, de facto, stateless persons have to pay this fee whilst refugees do not.
Reference for a preliminary ruling — Directive 2008/115/EC — Return of illegally staying third-country nationals — Order for removal from national territory — Order issued after the rejection of the asylum application by the competent administrative authority — Reopening of the oral procedure