The case is registered before the CJEU under C-497/21

The applicants, Georgian nationals, are seeking international protection status from the defendant after having already unsuccessfully requested protection under asylum law in Denmark and have further submitted asylum applications in Germany on 10 November 2020.

The following questions are referred to the Court of Justice of the European Union for a preliminary ruling pursuant to Article 267 TFEU:

1. Is national legislation under which an application for international protection can be rejected as an inadmissible subsequent application compatible with Article 33(2)(d) and Article 2(q) of Directive 2013/32/EU if the unsuccessful initial asylum procedure was conducted in a different EU Member State?

2. If the answer to Question 1 is in the affirmative: Is national legislation under which an application for international protection can be rejected as an inadmissible subsequent application compatible with Article 33(2)(d) and Article 2(q) of Directive 2013/32/EU even if the unsuccessful initial asylum procedure was conducted in Denmark?

If the answer to Question 2 is in the negative: Is national legislation under which an application for asylum is inadmissible in the event of a subsequent application and which makes no distinction in that respect between refugee status and subsidiary protection status compatible with Article 33(2)[(d)] of Directive 2013/32/EU?