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30/11/2023
CZ: The Supreme Administrative Court referred questions before the CJEU for interpretation of the Temporary Protection Directive

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Type
Referral for a preliminary ruling
Relevant Legislative Provisions
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection / Council Implementation Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine
Reference
Czech Republic, Supreme Administrative Court [Nejvyšší správní soud], A.N. v Ministry of the Interior (Ministerstvo vnitra České republiky), 8 Azs 93/2023-37, 30 November 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=4397
Case history
Other information
Abstract

Registered before the CJEU under C-753/23 


The Supreme Administrative Court referred questions to the CJEU for a preliminary ruling on interpretation of the Temporary Protection Directive as follows:


1. Does Article 8(1) of Council Directive 2001/55/EC, having regard also to the Member States’ agreement not to apply Article 11 of that directive, preclude national legislation under which an application for a residence permit for the purpose of giving temporary protection is inadmissible if the foreign national has applied for a residence permit in another Member State or has already been granted a permit in another Member State?


2. Does a person enjoying temporary protection under Council Directive 2001/55/EC have the right to an effective remedy before a tribunal under Article 47 of the Charter of Fundamental Rights of the European Union against the failure of a Member State to grant a residence permit within the meaning of Article 8(1) of Council Directive 2001/55/EC?


 
Country of Decision
Czech Republic
Court Name
CZ: Supreme Administrative Court [Nejvyšší správní soud]
Case Number
8 Azs 93/2023-37
Date of Decision
30/11/2023
Country of Origin
Ukraine
Keywords
Effective remedy
Appeal / Second instance determination
Temporary protection
Other Source/Information
CURIA