The case was registered under C-134/23 before the CJEU

The Greek Council of State referred questions for preliminary ruling to the CJEU asking whether Article 38 of the recast Asylum Procedures Directive, interpreted in conjunction with Article 18 of the EU Charter precludes national legislation classifying as generally safe, for certain categories of applicants for international protection, a third country which has undertaken a legal obligation to allow those categories of applicants for international protection to be readmitted to its territory, but for a long period of time (which in this case exceeds 20 months) that country refuses readmissions and a change in the country's attitude is not plausible in the near future.

The Council of State also asked whether Article 38 of the recast Asylum procedures Directive is to be interpreted as meaning that readmission to the third country is not a cumulative condition for the adoption of the national law declaring a third country as safe for certain categories of applicants for international protection, but is a cumulative condition for the adoption of the individual act rejecting a specific application for international protection as inadmissible on the ground of the ‘safe third country’; or whether readmission to the ‘safe third country’ must be verified only at the time of the execution of the decision.