The applicant, a national of Pakistan, lodged an application for international protection in Italy on 13 February 2020, and the fingerprint check in the Eurodac system showed that he had lodged an application for international protection in Austria. Austria received from Italy the take back request and recognised its responsibility on 12 March 2020. The Italian Dublin Unit ordered the transfer on 11 May 2020 and notified it to the applicant on 8 January 2021. The applicant challenged the transfer decision and claimed, inter alia, infringement of the six-month time-limit for the transfer, from the date of acceptance of responsibility by Austria on 12 March 2020. 

The Rome Tribunal held that the transfer was to take place by 12 September 2020 in the absence of an extension of the time-limit, whereas the contested transfer decision was notified on 8 January 2021. The court concluded that the power to decide on the application for protection lies with the Italian State and the transfer decision must therefore be annulled.