The case concerned a Dublin transfer to Italy and the applicant requested urgent legal protection against Dublin transfer to Italy on grounds that it is not certain that transfers to Italy can be implemented since the Italian Ministry of the Interior announced a potential temporary suspension of transfers and admission of Dublin returnee due to lack of reception capacity.

The regional administrative court of Munster allowed the request because it is not clear and not sufficiently certain when and whether Italy is willing to take back the applicant. According to the Circular Letter of 5 December 2022 sent to all Dublin Member States the Italian authorities did not mention a period for the temporary suspension of readmission of Dublin returnees, nor it indicated or communicated any indications for this. In addition, on 21 December 2022 the Dublin authorities in Italy were informed that the duration of the suspension was unknown, consequently the Federal Office in Germany is informing that it is not foreseeable when Italy will be ready to readmit Dublin returnees.