This request for a preliminary ruling concerns the interpretation of Articles 19 (Cessation of responsibilities) and 27 (Remedies) of 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 international protection lodged in one of the Member States by a third-country national or a stateless person.
The request has been made in proceedings between Mr George Karim, a Syrian national, and the Migrationsverket (Migration Board, Sweden; ‘the Board') concerning the latter's decision to reject Mr Karim's application for a residence permit and to transfer him to Slovenia.
The Court (Grand Chamber), rules as follows:
1. Article 19(2) of Regulation (EU) No 604/2013 must be interpreted to the effect that that provision, in particular its second subparagraph, is applicable to a third-country national who, after having made a first asylum application in a Member State, provides evidence that he left the territory of the Member States for a period of at least three months before making a new asylum application in another Member State.
2. Article 27(1) of Regulation No 604/2013, read in the light of recital 19 thereof, must be interpreted to the effect that, in a situation such as that at issue in the main proceedings, an asylum applicant may, in an action challenging a transfer decision made in respect of him, invoke an infringement of the rule set out in the second subparagraph of Article 19(2) of that regulation.