Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/30/2023

Subject: According to the Court, Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, does not preclude national legislation which allows a national court or tribunal hearing an appeal at second instance against a judgment annulling a transfer decision to adopt, on the application of the competent authorities, an interim measure enabling those authorities to refrain from taking a fresh decision pending the outcome of that appeal and having the object or effect of suspending the running of the transfer time limit until that outcome, provided that such a measure may be adopted only where the implementation of the transfer decision has been suspended during the examination of the appeal at first instance

Parties: Staatssecretaris van Justitie en Veiligheid (Suspension du délai de transfert en appel)

Classification: Freedoms - Art. 18 Right to asylum

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