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19/05/2021
NL: The Council of State referred a case to the CJEU on the interpretation of Article 29 of the Dublin III Regulation

ECLI
ECLI:NL:RVS:2021:983
Input Provided By
EUAA IDS
Type
Judgment
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP)
Reference
Netherlands, Court of The Hague [Rechtbank Den Haag], B., F. and K. v State Secretary of Security and Justice, no. 201904712/1/V3, ECLI:NL:RVS:2021:983, 19 May 2021. 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=1821
Case history
Other information
Abstract

According to Aca-Europe summary:


"The Administrative Jurisdiction Division of the Council of State of the Netherlands (Division) referred questions for preliminary ruling to the ECJ in three cases in which asylum seekers have requested for international protection in several Member States, including the Netherlands. Before the asylum seekers arrived in the Netherlands and lodged their asylum requests, they had already lodged similar requests in two other Member States. During the intervals between the asylum requests, the asylum seekers absconded. The State Secretary states that the Netherlands is not responsible for the examination of the asylum applications. She argues that pursuant to the Dublin Regulation one of the other Member States where the asylum seekers have sought international protection must be held responsible. It is submitted that the socalled 'chain rule' must be applied. According to the chain rule the original time limit for transfer, as referred to in Article 29 of the Dublin Regulation, will restart if the asylum seeker absconds and applies for asylum in another Member State within the original time limit for effecting the transfer. The 'chain rule' seems to prevent and discourage asylum seekers from lodging several asylum applications in more than one Member State ('forum shopping'), which is one of the objectives of the Dublin Regulation, but this method of calculation has not been incorporated in this Regulation. In order to obtain clarity, the Division decided to refer this matter to the Court. In addition, the Division also asked the Court whether it is possible for an asylum seeker, after he/she absconded in two Member States, to rely on the expiry of the time limit for transfer between those two Member States in an action brought against a decision for transfer in a third member State."


*referral for a preliminary ruling to the CJEU, cases registered under C-325/21, C-323/21 and C-324/21


Country of Decision
Netherlands
Court Name
NL: Court of The Hague [Rechtbank Den Haag]
Case Number
no. 201904712/1/V3
Date of Decision
19/05/2021
Country of Origin
Keywords
Dublin procedure
Other Source/Information
Curia