Registered at the CJEU with no  C-231/21

Referal to the Court of Justice of the EU, on the Dublin III Regulation with the following question:

1. Is under detention within the meaning of Article 29 Paragraph 2 Clause 2 of Regulation (EU) No. 604/2013 of the European Parliament and of the Council of June 26, 2013 laying down the criteria and procedures for determining the Member State that is responsible for examining an application for international protection submitted by a third-country national or stateless person in a member state (revised version), OJ 2013, L 180, 31, also an admissible placement of the person concerned in the psychiatric department of a hospital against or without understanding his will (here due to a risk to himself and others resulting from his mental illness)?

2. In the event that the first question is answered in the affirmative:
a) Can the deadline of Article 29 Paragraph 2 Clause 1 of the aforementioned regulation be extended to one year in the event of imprisonment by the requesting Member State, subject to the obligation for the person concerned?

b) If no, by what period of time an extension is permitted, for example only by the period:
aa) that the detention actually lasted, or
bb) that the detention, based on the time of the notification of the competent member state according to Art. 9 Para. 2 Regulation (EC) No. 1560/2003 of the Commission of September 2, 2003 with implementing provisions for Regulation No. 343/2003 (OJ 2003, L 222, p. 3) in the implementation regulation (EU) No. 118 / 2014 by the Commission of 30 January 2014 (OJ 2014, L 39, p. 1) as amended, is expected to last in total, possibly plus a reasonable period for reorganising the transfer?

The case at the origin of the question concerned an applicant who filled an application first in Italy in October 2020 then in Austria in February 2017. The take back request was admitted by Italy and the time period for the transfer began to run from 2 May 2017. The asylum seeker was supposed to be transferred on 23 October 2017, but he had been previously accommodated in a psychiatric establishment, under the Placement Act, and validated by a court. The Italian authorities have been informed of the change in the transfer period and BFA qualified as a detention, in accordance with the Article 29 paragraph 2 of the Dublin III Regulation. On 6 December 2017, the applicant was transferred to Italy,  his complaint against the transfer was rejected by the Federal Administrative Court and he appealed further before the Supreme Administrative Court.