According to the CJEU press release of 5 March 2026:

"At the end of 2022, Italy notified the other Member States that, provisionally and subject to exceptions, it would no longer accept transfers of applicants for international protection under the Dublin III Regulation. It thus refuses to take charge of any applicants for whom it is responsible.

A German court has asked the Court of Justice about the consequences which such a refusal may have in terms of the division of responsibility for examining applications for international protection, established by the Dublin III Regulation. It must decide whether, despite Italy’s refusal, Germany could reject an asylum application made by a Syrian national as inadmissible and order his removal to Italy on the ground that Italy was responsible for examining that application. In particular, the German court enquires whether Italy’s refusal means that Germany becomes responsible for examining the application.

The Court holds that the Member State designated as responsible under the criteria laid down in the Dublin III Regulation cannot discharge itself, by a mere unilateral announcement, of its responsibilities under that regulation. Such a possibility would risk jeopardising the proper functioning of the Dublin III system. The Member State in question therefore remains, in the first instance, the Member State responsible.

However, where the Member State responsible has accepted the request to take charge of or to take back the person concerned or where, as here, it is deemed to have accepted that request on account of its failure to reply thereto, the transfer must, in principle, take place within a maximum period of six months. Where suspensive effect has been given to an appeal against a transfer decision, as in the present case, the time limit for transfer runs from the final decision on that appeal. Accordingly, the transfer decision must be implemented no later than six months from the final decision.

Where the transfer does not take place within the six-month time limit, the Member State responsible is relieved of its obligation to take charge of or to take back the person concerned and responsibility is then transferred to the requesting Member State. That transfer of responsibility occurs regardless of the reasons why the transfer did not take place. Consequently, it also occurs where the transfer of the person concerned could not be carried out within the time limit on account of the unilateral suspension, by the Member State initially responsible, of the procedures for taking charge and taking back. The automatic nature of the transfer of responsibility ensures that the person concerned has effective access to the asylum procedure and, thus, guarantees the effectiveness of his or her fundamental right to seek asylum in a Member State.

In order to remedy a possible infringement of the Dublin III Regulation by the Member State initially responsible, the European Commission or any other Member State may bring an action for failure to fulfil obligations before the Court against that Member State."