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22/09/2022
The CJEU ruled that EU Member States' national law may not provide for the inadmissibility of applications for international protection on the basis that the applicant has been previously rejected in a comparable application in Denmark.

ECLI
ECLI:EU:C:2022:721
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
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); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
European Union, Court of Justice of the European Union [CJEU], SI, TL, ND, VH, YT, HN v Bundesrepublik Deutschland, C-497/21, ECLI:EU:C:2022:721, 22 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=2791
Case history
Other information
Abstract

The case concerned the interpretation of Article 33(2)(d) of the Asylum Procedures Directive (recast).


Several Georgian nationals lodged asylum applications in Germany after their asylum applications were rejected in Denmark, which applies certain provisions of the Dublin III Regulation but does not implement the Qualification Directive (recast) and the Asylum Procedures Directive (recast).


The CJEU noted that after rejection by Denmark of an application for international protection, an application made by the same individual in another Member State may not be considered a subsequent application. Thus, rejection by Denmark may not be a reason for dismissing an application as inadmissible in another Member State.
Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-497/21
Date of Decision
22/09/2022
Country of Origin
Georgia
Keywords
Asylum Procedures/Special Procedures
Subsequent Application