Skip Ribbon Commands
Skip to main content
08/09/2023
DK: The Refugee Appeals Board referred a question on the Dublin procedure for preliminary ruling before the CJEU

ECLI
Input Provided By
EUAA IDS
Type
Referral for a preliminary ruling
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)
Reference
Denmark, Refugee Appeals Board [Flygtningenævnet], Applicant v Immigration Service, 08 September 2023. 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=3783
Case history
Other information
Abstract

Registered before the CJEU under case no C-560/23


The Refugee Board asked the Court of Justice of the European Union the following question:

"Are the time limits laid down in Article 29(1) and (2) of the Dublin Regulation to be interpreted as meaning that the six-month period laid down in Article 29(1), second indent, of the Dublin Regulation is counted from the final, substantive decision on the case in cases where a review body in the requesting Member State, cf. Article 2 of the Dublin Regulation, referred the transfer case back to the competent authority of first instance, which subsequently took a new transfer decision later than six months after receipt of the agreement of the Member State responsible, including where the referral is justified by the subsequent decision of the Member State responsible which originally accepted the transfer to suspend transfers generally under the Dublin Regulation; and where the expulsion of the alien concerned has suspensive effect?"
 


Country of Decision
Denmark
Court Name
DK: Refugee Appeals Board [Flygtningenævnet]
Case Number
Date of Decision
08/09/2023
Country of Origin
Unknown
Keywords
Dublin procedure
Suspensive effect
Source
Fln.dk
Other Source/Information
Fln.dk