The case is registered before the CJEU under C-58/23 and the CJEU pronounced a preliminary ruling on 27 September 2023, in the case Y.N. v Slovenian Republic.

The case concerned the rejection as manifestly unfounded of an asylum application submitted by Moroccan applicants who based their claim solely on poor living conditions in their country of origin, family difficulties and alleged repression from the Moroccan regime. The applicant has submitted an appeal against the negative decision taken in the accelerated procedure and although it was submitted within the deadline, the applicant underlined that the delay to submit an appeal is too short, namely 3 days which in fact were reduced to one day because the negative decision was notified on 23 December 2022 before a weekend which was public holiday. In such circumstances, the applicant claimed that the appeal deadline was too short and undermined the right to an effective remedy. In addition, the applicant was not able within such a short deadline to find a translator and provide the necessary documents to his representative since the applicant only speaks Arabic and he could not answer to his emails or phone calls. Consequently, the applicant claimed that it was not possible to establish a conversation between him and his representative (they communicated via SMS, with the help of google translate), facts that also led to a breach of his right to an effective remedy.

The administrative tribunal submitted a question to the CJEU for preliminary ruling and interpretation of the Article 46 of the Asylum Procedures Directive concerning the reasonable delay provided by the national legislation for submitting an appeal against a negative decision regarding an application for international protection.

The court submitted the following question:

Must Article 46,paragraph 4, of the recast APD, read in conjunction with Article 47 of the EU Charter, be interpreted as opposing to a national rule, such as article 70, paragraph 1 of the Asylum law, which provides that in order to submit an appeal against a negative decision of an application for international protection considered as manifestly unfounded, in an accelerated procedure, the deadline is 3 calendar days starting from the notification of such decision, including weekends and public holidays, when such deadline can expire at the end of the first working day?