The case concerned the change of legal status of the person while in detention.

Initially, the administrative court granted permission on the basis of an application from the PBGB to be detained, but was subsequently detained under Dublin after the start of the readmission procedure. As a result, the purpose of detention changed: the person instead of being returned to his country of origin, was detained for the purpose of transfer to another Member State. Consequently, the grounds for detention changed (cf. § 15 (2) VSS and Article 28 (2) of the Dublin III Regulation), detention conditions and guarantees (cf. Chapter 41 of the VSS and Article 28 (4) of the Dublin III Regulation) and time limits for detention (cf. § 23 (1) of the VSS) and Article 28 (3) of the Dublin III Regulation). The court concluded that the district court correctly held that, if the legal regime for the detention of the person concerned changed, PBGB had to submit a new application to the administrative court.