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19/05/2022
DE: The High Administrative Court referred questions to the CJEU on interpretation of the recast Asylum Procedures Directive

ECLI
Input Provided By
EUAA IDS
Other Source/Information:
Referral to the CJEU
Yes
Original Documents
Type
Referral for a preliminary ruling
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;
Reference
Germany, Higher Administrative Courts (Oberverwaltungsgerichte/Verwaltungsgerichtshöfe), A v Generalstaatsanwaltschaft Hamm, 19 May 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=2757
Case history
Related cases:
Abstract

Case registered before the CJEU under C-352/22

The High Administrative Court referred the following question to the CJEU for a preliminary ruling:

Must Article 9(2) and (3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 (‘Procedures Directive’), in conjunction with Article 21(1) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 (‘Qualification Directive’), be interpreted as meaning that the final recognition of a person as a refugee within the meaning of the Geneva Convention on Refugees in another Member State of the European Union is binding for the purposes of the extradition procedure in the Member State requested to extradite such a person on account of the obligation under EU law to interpret national law in conformity with the directives (third paragraph of Article 288 TFEU and Article 4(3) TEU), that is to say, is binding in such a way that extradition of the person to the third country or country of origin is thereby necessarily precluded until his or her recognition as a refugee has been revoked or has expired?

 

Country of Decision
Germany
Court Name
DE: Higher Administrative Courts (Oberverwaltungsgerichte/Verwaltungsgerichtshöfe)
Case Number
Date of Decision
19/05/2022
Country of Origin
Turkey
Keywords
Secondary movements
RETURN