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07/10/2022
NL: The District Court of the Hague confirmed that the Ministry of Justice and Security cannot organise the transfer of applicants pursuant to the Dublin III Regulation when the decision to place the applicant in the Dublin procedure is pending appeal.

ECLI
ECLI:NL:RBDHA:2022:10322
Input Provided By
EUAA IDS
Other Source/Information
Type
Interim Measures
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
Netherlands, Court of The Hague [Rechtbank Den Haag], Applicant v The Ministry of Justice and Security, EN22.16306, ECLI:NL:RBDHA:2022:10322, 07 October 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=2934
Case history
Other information
Abstract

The applicant submitted a request to appeal the decision to transfer him from the Netherlands to Germany under the Dublin III Regulation. The applicant subsequently submitted a request for an interim request to be granted when it came to light that his transfer had been scheduled to take place prior to his appeal hearing. The District Court of the Hague granted the interim measure and ordered the suspension of the decision to initiate the transfer until a decision is issued in respect of the appeal against the original contested decision.


Country of Decision
Netherlands
Court Name
NL: Court of The Hague [Rechtbank Den Haag]
Case Number
EN22.16306
Date of Decision
07/10/2022
Country of Origin
Unknown
Keywords
Dublin procedure
Effective remedy