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24/03/2022
IT: The Bologna Tribunal referred questions for a preliminary ruling to the CJEU on the Dublin procedure.

ECLI
Input Provided By
EUAA IDS
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
Italy, Civil Court [Tribunali], OV v Ministry of the Interior - Dublin Unit (Ministero dell'Interno – Unità Dublino), 24 March 2022. 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=2577
Case history
Other information
Abstract

The case was registered before the CJEU under C-217/22


The Italian Tribunale ordinario di Bologna referred the following questions to the CJEU for a preliminary ruling:


Question referred


Must Articles 4 and 5 of the Dublin Regulation (EU), particularly in view of the right to an effective remedy laid down in Article 27 of that regulation, be interpreted as meaning that the applicant, who has challenged before the courts of the requesting State the transfer decision adopted by the Dublin Unit of that State in the context of a take back procedure under Article 18(1)(b), is entitled to invoke the infringement by the requested State of the duty to provide information laid down in Article 4 or of the obligation to arrange a personal interview with the applicant under Article 5 of that regulation, and if the answer is in the affirmative, what is the relevance of such an infringement?


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
Date of Decision
24/03/2022
Country of Origin
Keywords
Dublin procedure
Personal Interview/ Oral hearing
Source
CURIA