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05/07/2023
SI: The Supreme Court held that in the Dublin procedure, if the applicant submits medical certificates, which demonstrate that the medical condition is particularly serious and that the transfer could have significant and irreversible consequences, only exchanging or transmitting medical data about the person's physical and mental health under Article 32 of the Dublin III Regulation before the transfer is carried out is not sufficient.

ECLI
ECLI:SI:VSRS:2023:I.UP.175.2023
Input Provided By
EUAA Courts and Tribunals Network
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
Slovenia, Supreme Court [Vrhovno sodišče], Ministry of the Interior v Applicant, I Up 175/2023, ECLI:SI:VSRS:2023:I.UP.175.2023, 05 July 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=4015
Case history
Other information

European Union, Court of Justice of the European Union [CJEU], C.K. and Others v Republic of Slovenia (Republika Slovenija), Case C-578/16 PPU , ECLI:EU:C:2017:127, 16 February 2017. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

According to the summary provided by the EUAA Courts and Tribunals Network:


"The Supreme Court upheld the judgment of the Administrative Court, which overturned the decision of the Ministry and ordered a new procedure. The Supreme court stated, that it cannot be ruled out that the mere transfer to another Member State of an asylum seeker whose health condition is particularly serious may put him at real risk of inhuman or degrading treatment, regardless of the quality of reception and care available in the responsible Member State. Furthermore, if the asylum seeker submits objective elements, such as medical certificates, which demonstrate that his medical condition is particularly serious and that the transfer could have significant and irreversible consequences, the authorities of the Member State concerned, including the courts, must take this into consideration in the light of the judgment of the CJEU C-578/16 (C.K. and others). The Ministry should have examined the applicant's medical documentation, which was submitted to the Ministry before the transfer decision was taken. Only exchanging or transmitting medical data about the person's physical and mental health under Article 32 of the Dublin III Regulation before the transfer is carried out is not sufficient. That would also run contrary to the applicant's right under Article 27 of the Dublin III Regulation."


Country of Decision
Slovenia
Court Name
SI: Supreme Court [Vrhovno sodišče]
Case Number
I Up 175/2023
Date of Decision
05/07/2023
Country of Origin
Keywords
Assessment of evidence/assessment of documents
Dublin procedure
Medical condition