Case registered before the CJEU under C-297/21

"Questions referred

Must Article 17(1) of Regulation (EU) No 604/2013 be interpreted, in accordance with Articles 19 and 47 of the [Charter of Fundamental Rights of the European Union] and Article 27 of Regulation (EU) No 604/2013, as meaning that the court of the Member State, hearing an appeal against the decision of the Dublin Unit, may establish the responsibility of the Member State which would have to carry out the transfer under Article 18(1)(d), if it determines the existence, in the Member State responsible, of a risk of infringement of the principle of non-refoulement by returning the applicant to his country of origin, where the applicant’s life would be in danger and where he would be at risk of inhuman and degrading treatment?

In the alternative, must Article 3(2) of Regulation (EU) No 604/2013 be interpreted in accordance with Articles 19 and 47 of the [Charter] and Article 27 of Regulation (EU) No 604/2013, as meaning that the court may establish the responsibility of the Member State required to carry out the transfer under Article 18(1)(d) of that regulation, where it is established that:

(a) there is a risk in the Member State responsible of infringing the principle of non-refoulement by returning the applicant to his country of origin, where his life would be in danger and where he would be at risk of inhuman or degrading treatment?

(b) it is impossible to carry out the transfer to another Member State designated on the basis of the criteria set out in Chapter III of Regulation (EU) No 604/2013?"