Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/09/2020

Subject: The Court affirmed that Directive 2013/32/EU on common procedures for granting and withdrawing international protection, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, does not preclude legislation of a Member State which provides that proceedings challenging a decision declaring a subsequent application for international protection to be inadmissible are subject to a limitation period of 10 days, including public holidays, as from the date of service of such decision, even where, when the applicant concerned has not specified an address for service in that Member State, that service is made at the head office of the national authority responsible for the examination of those applications, provided that (i) those applicants are informed that, where they have not specified an address for service for the purposes of notification of the decision concerning their application, they will be deemed to have specified an address for service for those purposes at the head office of that national authority; (ii) the conditions for access of those applicants to that head office do not render receipt by those applicants of the decisions concerning them excessively difficult, (iii) genuine access to the procedural safeguards granted to applicants for international protection by EU law is ensured within such a period, and (iv) the principle of equivalence is respected

Parties: Commissaire général aux réfugiés e aux apatrides (Rejet d'une demande ultérieure - Délai de recours)

Classification: Freedoms - Art. 18 Right to asylum - Justice - Art. 47 Right to an effective remedy before a tribunal

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