Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/05/2018

Subject: The Court affirmed that the Member State in which a new application for international protection has been lodged is responsible for examining that application when no take back request has been made by that Member State within the periods laid down in Regulation No 604/2013, even though another Member State was responsible for examining applications for international protection lodged previously and the appeal brought against the rejection of one of those applications was pending before a court of that other Member State when those periods expired. The making by a Member State of a take back request in respect of a third-country national who is staying on its territory without a residence document does not require that Member State to suspend its examination of an appeal brought against the rejection of an application for international protection lodged previously, and subsequently to terminate that examination in the event that the requested Member State agrees to that request. Moreover, according to the Court, a Member State making a take back request on the basis of that regulation, following the expiry, in the requested Member State, of the periods laid down in this regulation, is not required to inform the authorities of that requested Member State that an appeal brought against the rejection of an application for international protection lodged previously is pending before a court of the requesting Member State. Finally, the Court affirmed that is an applicant for international protection has been surrendered by one Member State to another Member State under a European arrest warrant and is staying on the territory of that second Member State without having lodged a new application for international protection there, that second Member State may request that first Member State to take back that applicant and is not required to decide to examine the application lodged by that applicant

Parties: X

Classification: Freedoms - Art. 18 Right to asylum - Refugees

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