The Second Civil Chamber of the Court of Cassation has referred a case to the Court of Justice of the European Union (CJEU), pursuant to Article 267 of the Treaty on the Functioning of the European Union (TFEU), with a question for a preliminary ruling on the interpretation of Article 4 of Regulation (EU) No. 604 of 2013 (Dublin III) with respect to Article 27 of the regulation. In  particular, the Court of Cassation asked on the relevance of the information provision obligation provided by Article 4 of the Regulation. The question is , does the failure to hand over the brochure and the breach of the obligations laid down in that provision require the national court to adopt a decision annulling the transfer decision or is it in any event necessary to ascertain the relevance of those breaches in the light of the circumstances alleged by the appellant so as to confirm the transfer decision in all cases in which there are no grounds for adopting a transfer decision with a different content? 

At the origin of the referral, the case concerned an applicant who had previously applied for international protection in Slovenia and Italy has requested a take back from Slovenian authorities, which have accepted it. The applicant challenged the transfer decision and alleged violation of the obligation to provide information, including information brochure, as provided by article 4 of the Dublin III Regulation. Administrative courts found that the breach of the duty to provide information according to article 4 of the Dublin Regulation results in the invalidity of the transfer decision and annulled it. Upon appeal before the Court of Cassation, the Ministry of Interior argued that although the brochure was not handed over, the determining  authority correctly applied Dublin III Regulation criteria.