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13/11/2019
CJEU ruled in the interpretation of Article 33(2) of Directive 2013/32/EU related to the determination of inadmissibility of applications.

ECLI
ECLI:EU:C:2019:964
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
European Union, Court of Justice of the European Union [CJEU], Federal Republic of Germany (Bundesrepublik Deutschland) v Adel Hamed and Amar Omar, C‑540/17 and C‑541/17, ECLI:EU:C:2019:964 , 13 November 2019. 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=876
Case history
Other information
Abstract

According to the original judgment


The references for a preliminary ruling concern the interpretation of Article 25, paragraph 2 a) of Directive 2005/85/EC of 1 st December 2005 on minimum standards on procedures the granting and withdrawal of refugee status in the Member States (OJ 2005 L 326, p.13), Article 33 (2) (a) of Directive 2013/32 / EU of the European Parliament and Council Decision of 26 June 2013 on common procedures for the grant and withdrawal of international protection (OJ 2013 L 180, p.60, hereinafter the Procedures Directive), and Article 4 of the Charter of Fundamental Rights of the European Union (hereinafter 'the Charter').


These claims were brought in two disputes between the Bundesrepublik Deutschland (Federal Republic of Germany) and two Sirian nationals, Adel Hamed (Case C-540/17) and on the other hand Mr Amar Omar (Case C-541/17), concerning decisions of the Bundesamt für Migration und Flüchtlinge (Federal Office for Migration and Refugees, Germany) denying them the benefit of the right asylum.


The Court rules:


Article 33 (2) (a) of Directive 2013/32 / EU of the European Parliament and of the Council of 26 June 2013 on common procedures for the grant and withdrawal of international protection must to be interpreted as precluding a Member State from exercising the option offered by that provision to reject an application for international protection as inadmissible on the ground that the applicant has already been granted refugee status Member State, where the foreseeable living conditions which that applicant encounters as a beneficiary of that status in that other Member State would expose him to a serious risk of suffering inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union.


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C‑540/17 and C‑541/17
Date of Decision
13/11/2019
Country of Origin
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
Refugee Protection
Secondary movements
Subsidiary Protection
Syria
Source
CURIA