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31/03/2023
SI: The Administrative Court allowed a temporary injunction against a Dublin transfer decision to Croatia, considering that general assurances, references to general cases, legal obligations, a summary of the legal provisions and the usual conduct of the Croatian authorities were not sufficient to allow the execution of the transfer, taking into account the state of health of the applicant.

ECLI
ECLI:SI:UPRS:2023:I.U.456.2023.20
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, Administrative Court [Upravno sodišče], Applicant v Ministry of the Interior, I U 456/2023, ECLI:SI:UPRS:2023:I.U.456.2023.20, 31 March 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=4016
Case history
Other information
Abstract

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


"The applicant proved that he has psychological problems from which he suffers greatly and for which he has 4 weeks of Sanval therapy, problems with impotence, possibly a urinary infection, a broken shoulder several times, so the Ministry, taking into account the jurisprudence of the CJEU, had to obtain an individual guarantee that the applicant will actually receive the medical help and care he needs. A general assurance and reference to general cases, legal obligations, a summary of the legal provisions and the usual conduct of the Croatian authorities, given the established state of health of the applicant, is not sufficient in this particular case."
Country of Decision
Slovenia
Court Name
SI: Administrative Court [Upravno sodišče]
Case Number
I U 456/2023
Date of Decision
31/03/2023
Country of Origin
Keywords
Dublin procedure
Medical condition
Reception/Accommodation