The case concerned the time limit for national authorities to submit a take back request according to Art. 23 (2) Dublin III Regulation. The Regional Administrative Court of Düsseldorf clarified that according to Article 23 (2) Dublin III Regulation, a take back request cannot be submitted more than three months after filing the application for international protection, even if this is less than two months after receipt of a Eurodac hit report as defined this regulation happens.

According to Article 23 (2) subparagraph 1 Dublin III Regulation, a readmission request must be submitted as soon as possible, but within two months of the Eurodac hit report within the meaning of Article 9 (5) of Dublin III Regulation. If the take back request is based on evidence other than information from the Eurodac system, it must be sent to the requested Member State within three months of the application for international protection within the meaning of Article 20 (2) 2 Dublin III Regulation.

Consequently, it is not possible to effectively submit a take back request more than three months after filing the application for international protection, even if this is done less than two months after receipt of a Eurodac hit report.

Moreover, the Regional Administrative Court of Düsseldorf stated that on basis of Article 20(2) of the Dublin III Regulation, an application for international protection is deemed to have been made when the competent authorities of the Member State concerned have received a form submitted by the applicant or an official record. It mentioned the CJEU case law, and that an application for international protection is deemed to have been made if the authority responsible has received a document drawn up by an authority and which certifies that a third-country national has applied for international protection.