In this case, the applicant's request for international protection in Germany was dismissed as inadmissible as he had already been granted refugee status in Italy. He challenged the decision as he was not provided with a personal interview before the inadmissibility decision was pronounced by the determining authority. the Federal Administrative Court referred the case to the CJEU which pronounced the judgement Milkiyas Addis.

After reopening of the case, the Federal Administrative Court allowed the appeal on points of law and annulled the contested decision. The Court clarified that:

• The application of Paragraph 46 of the VwVfG is compatible with Article 14 and Article 34 of recast APD only when the applicant was given the opportunity to be heard in a personal interview, which respects the fundamental­ conditions and guarantees as provided by Article 15  recast APD (as stated in the CJEu judgement Milkiyas Addis, 16 July 2020)
• When such guarantees can not be offered in the asylum proceedings, the inadmissibility decision shall be set aside;
• It is at the discretion of the court whether to hold a personal interview of the applicant or whether to annul the decision and refer the case back to the asylum authority;
• If the court would decide to conduct the personal interview of the applicant itself, it must ensure compliance with confidentiality, as provided by Article 15 (2) recast APD;
• The fact that a separate personal interview was conducted, in compliance with the basic conditions and guarantees laid down in Article 15 recast APD must be expressly stated in the transcript of the meeting or the­ date of the hearing.