Skip Ribbon Commands
Skip to main content
26/09/2018
The CJEU ruled on the interpretation of article 46 of Directive 2013/32/EU and article 13 Directive 2008/115/EC

ECLI
ECLI:EU:C:2018:775
Input Provided By
EUAA Asylum Report
Source
CURIA
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
European Convention on Human Rights; Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;
Reference
European Union, Court of Justice of the European Union [CJEU], X and Y (Russia) v Secretary of State for Security and Justice (NL, Staatssecretaris van Veiligheid en Justitie), C-180/17, ECLI:EU:C:2018:775, 26 September 2018. 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=606
Case history
Related cases:
Abstract

1. This request for a preliminary ruling concerns the interpretation of Article 46 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60) and of Article 13 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98), read in the light of Articles 18, 19(2) and 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).

2. The request has been made in proceedings between, on the one hand, X and Y and, on the other, the Staatssecretaris van Veiligheid en Justitie (State Secretary for Security and Justice, Netherlands) concerning the rejection of their applications for international protection and return decisions taken in respect of them.

The Court ruled: Article 46 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection and Article 13 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in the light of Articles 18, 19(2) and 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding national legislation which, whilst making provision for appeals against judgments delivered at first instance upholding a decision rejecting an application for international protection and imposing an obligation to return, does not confer on that remedy automatic suspensory effect even in the case where the person concerned invokes a serious risk of infringement of the principle of non-refoulement.

Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-180/17
Date of Decision
26/09/2018
Country of Origin
Russia
Keywords
Effective remedy
Return/Removal/Deportation
RETURN