The case is the reopening at national level after the CJEU judgement of 31 March 2022 in case C-231/21.

The administrative court allowed the appeal and annulled the contested decision. It reietaredt first the answer provided by the CJEU in its ruling: "Art. 29 Para. 2 Sentence 2 of Regulation (EU) No. 604/2013 [...] is to be interpreted in such a way that the term 'detention' used in this provision is not applicable if an asylum seeker is forcibly held in a psychiatric ward with court approval in a hospital because he poses a significant risk to himself or to society as a result of a mental illness.”

The court noted that the term "imprisonment" is to be understood only as pre-trial and criminal detention, which, as stated by the CJEU judgment, results both from the wording of the Regulation in the main language versions and also because the exceptions on the general rules of a 6 moths transfer period has to be interpreted narrowly.

The court noted that in the present case the 6 months transfer period as provided under Article 29(1) subparagraph 1 began on 2 May 2017 and ended on 2 November 2017 and an extension was not done. The appeal of the applicant was not submitted before the end of this period and thus the responsibility for processing the application passed to Austria (the court referred to the CJEU judgement of 25 October 2017, C-201/16. It follows that the transfer of the applicant to Italy on 6 December 2017 was illegal since the transfer of the responsibility for examining the application passed to Austria at the end of the six months deadline. The contested decision was set aside.