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07/09/2022
DE: The Federal Administrative Court in Leipzig referred questions before the CJEU for preliminary ruling on secondary movements of beneficiaries of international protection.

ECLI
ECLI:DE:BVerwG:2022:070922B1C26.21.0
Input Provided By
EUAA IDS
Other Source/Information
Type
Referral for a preliminary ruling
Original Documents
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, Federal Administrative Court [Bundesverwaltungsgericht], Applicant v BAMF, BVerwG 1 C 26.21, ECLI:DE:BVerwG:2022:070922B1C26.21.0, 07 September 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=2789
Case history
Other information

The AG Opinion was published on 25 January 2024 and it is available here.
Abstract

Case registered before the CJEU under C-753/22


The applicant, Syrian national, has received international protection in Greece in 2018 and has applied in Germany. She argued that she cannot be returned to Greece due to a risk of inhuman and degrading treatment.


The Federal Administrative Court in Leipzig referred questions for preliminary to the CJEU on whether EU law is to be interpreted in such a way that the granting of refugee status in one Member State (here: Greece) prevents another Member State (here: Germany) from examining a further application for international protection in a case where the applicant's return to the first Member State (which first granted international protection) would entail a risk of violating Article 4 of the EU Charter and the asylum application in Germany must therefore not be rejected as inadmissible. 


 
Country of Decision
Germany
Court Name
DE: Federal Administrative Court [Bundesverwaltungsgericht]
Case Number
BVerwG 1 C 26.21
Date of Decision
07/09/2022
Country of Origin
Syria
Keywords
Reception/Accommodation
Secondary movements
Torture or inhuman or degrading treatment or punishment
Source
asyl.net