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29/01/2009
The CJEU ruled on the start of the period for implementation of transfer of the asylum seeker and the suspensive effect of the appeal

ECLI
ECLI:EU:C:2009:41
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
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
European Union, Court of Justice of the European Union [CJEU], Migrationsverket v Edgar Petrosian and Others, C-19/08, ECLI:EU:C:2009:41, 29 January 2009. 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=3975
Case history
Other information
Abstract

According to the CJEU summary:


In a procedure to transfer an asylum seeker, in order to ensure the effectiveness of Article 20(1)(d) and Article 20(2) of Regulation No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, that article must be interpreted as meaning that, where the legislation of the requesting Member State provides for suspensive effect of an appeal, the period for implementation of the transfer begins to run, not as from the time of the provisional judicial decision suspending the implementation of the transfer procedure, but only as from the time of the judicial decision which rules on the merits of the procedure and which is no longer such as to prevent its implementation. In the light of the objective pursued by setting a period for the Member States, the start of that period should be determined in such a manner as to allow the Member States a six-month period which they are deemed to require in full in order to determine the practical details for carrying out the transfer.


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-19/08
Date of Decision
29/01/2009
Country of Origin
Armenia
Keywords
Dublin procedure
Second instance determination / Appeal
Suspensive effect