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24/07/2019
FR: The Council of State rules on error of law in the notification of decisions

ECLI
ECLI:FR:CECHS:2019:420298.20190724
Input Provided By
EUAA Courts and Tribunals Network
Source
CNDA
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Decision
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
France, Council of State [Conseil d'État], B.A. v National Court of Asylum (Cour Nationale du Droit d'Asile), 420298 C, ECLI:FR:CECHS:2019:420298.20190724, 24 July 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1054
Case history
Related cases:
Abstract

In this case, the applicant filed an appeal to the Council of State after her appeal to the National Court of Asylum (CNDA) was rejected. The appellant stated she had never been notified of the decision on her asylum application:

The registered letter containing the OFPRA decision had been presented to the address indicated by the person concerned, but given to a person with the same name. For this reason she couldn't file the appeal within the correct timeframe.

The Court ruled that since the delivery of the calling card to a third party who was not qualified to do so, there is an obstacle to the triggering of the time-limit for appeal.

Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
420298 C
Date of Decision
24/07/2019
Country of Origin
Keywords
Effective remedy
Second Instance determination