Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 01/29/2009

Subject: Interpreting the Regulation establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application, the Court affirmed that where the legislation of the requesting Member State provides for a suspensive effect of an appeal, the implementation period of the transfer of an asylum applicant begins, not already from the time of the provisional judicial decision suspending the implementation of the transfer procedure, but only from the time of the judicial decision which rules on the merits of the procedure and which can no longer prevent its implementation.

Parties: Migrationsverket c/ Petrosian

Classification: Freedoms - Art. 18 Right to asylum

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