The applicant contested a decision by which the Territorial Commission declared the application for international protection inadmissible pursuant to Article 29(1)(b) of Legislative Decree No 25/2008. According to Article 28a(2) of this Legislative Decree in such a case ‘... the Police Office shall forward the necessary documentation to the Territorial Commission which adopts the decision within five days in the case of a) subsequent application pursuant to Article 29(1)(b)’. 

The Tribunal of Rome pointed out that the application for international protection was lodged by the applicant on 21 June 2022 and that the rejection decision was adopted only on 17 August 2022. The Tribunal of Rome concluded that the requirements for the accelerated procedure as laid down in Article 28a(2) of Legislative Decree No 25/2008 cannot be deemed to have been complied with and that the infringement of the requirements of the provision in question justifies the classification of the procedure as ordinary. 

Therefore, the Tribunal of Rome stated that the consequences of classifying the procedure as ordinary are not limited to the reinstatement of the ordinary time limits referred to in Article 35a (2) of that legislative decree, the disposal of which no longer has effect, but also extends to the rules governing the suspension of the enforceability of the contested decision and that consequently, in the present case, the enforceability of the contested decision must be automatically suspended from the bringing of the action. Thus, the Tribunal of Rome fixed a hearing for the applicant.

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