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21/01/2011
ECHR - Case concerned the expulsion of an asylum seeker to Greece in application of the Dublin Procedure

ECLI
ECLI:CE:ECHR:2011:0121JUD003069609
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); EU Charter of Fundamental Rights ; Eurodac Regulation (Regulation (EU) No 603/2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 and on requests for the comparison with Eurodac data by Member States'; European Convention on Human Rights; Treaty on the Functioning of the European Union
Reference
Council of Europe, European Court of Human Rights [ECtHR], M.S.S. v Belgium and Greece, 30696/09, ECLI:CE:ECHR:2011:0121JUD003069609 , 21 January 2011. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=351
Case history
Other information
Abstract
According to the ECtHR Press Release: In the Grand Chamber judgment in the case M.S.S. v. Belgium and Greece (application no. 30696/09), which is final, the European Court of Human Rights held, by a majority, that was: - A violation of Article 3 (prohibition of inhuman or degrading treatment or punishment) of the European Convention on Human Rights by Greece both because of the applicant’s detention conditions and because of his living conditions in Greece; - A violation of Article 13 (right to an effective remedy) taken together with Article 3 by Greece because of the deficiencies in the asylum procedure followed in the applicant’s case; - A violation of Article 3 by Belgium both because of having exposed the applicant to risks linked to the deficiencies in the asylum procedure in Greece and because of having exposed him to detention and living conditions in Greece that were in breach of Article 3; - A violation of Article 13 taken together with Article 3 by Belgium because of the lack of an effective remedy against the applicant’s expulsion order. The case concerned the expulsion of an asylum seeker to Greece by the Belgian authorities in application of the EU Dublin II Regulation.
Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
30696/09
Date of Decision
21/01/2011
Country of Origin
Keywords
Dublin procedure
Reception/Accommodation
Source
ECHR