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21/04/2021
DE: The Federal Administrative Court asked preliminary ruling before the CJEU on Dublin procedure, COVID-19 and the appeal proceedings

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Referral for a preliminary ruling
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
Germany, Federal Administrative Court [Bundesverwaltungsgericht], Bundesrepublik Deutschland v LE, 21 April 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=2127
Case history

European Union, Court of Justice of the European Union [CJEU], Federal Republic of Germany v MA, PB, LE, C-245/21 and C-248/21, ECLI:EU:C:2022:709, 22 September 2022. Link redirects to the English summary in the EUAA Case Law Database.
Other information
Abstract

Case registered before the CJEU under C-248/21


Questions referred


Does suspension by the authorities of the implementation of a transfer decision, which is revocable only on account of the fact that transfers are (temporarily) impossible in fact due to the COVID-19 pandemic, fall within the scope of Article 27(4) of the Dublin III Regulation 1 during appeal proceedings?


If Question 1 is answered in the affirmative: Does such a suspension decision interrupt the time limit for transfer pursuant to Article 29(1) of the Dublin III Regulation?


If Question 2 is answered in the affirmative: Does this also apply if, prior to the outbreak of the COVID-19 pandemic, a court had dismissed an application by the asylum seeker pursuant to Article 27(3)(c) of the Dublin III Regulation for implementation of the transfer decision to be suspended pending the outcome of the appeal proceedings?
Country of Decision
Germany
Court Name
DE: Federal Administrative Court [Bundesverwaltungsgericht]
Case Number
Date of Decision
21/04/2021
Country of Origin
Keywords
COVID-19/Emergency measures
Dublin procedure
Effective remedy
Appeal / Second instance determination
Source
CURIA