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CJEU - C 562/13 / Judgment

Centre public d’action sociale d’Ottignies-Louvain-la-Neuve v Moussa Abdida

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Grand Chamber)
Type:
Decision
Decision date:
18/12/2014
Key facts of the case:
 
(Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 19(2) and 47 — Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Person eligible for subsidiary protection — Article 15(b) — Torture or inhuman or degrading treatment or punishment of an applicant in the country of origin — Article 3 — More favourable standards — Applicant suffering from a serious illness — No appropriate treatment available in the country of origin — Directive 2008/115/EC — Return of illegally staying third-country nationals — Article 13 — Judicial remedy with suspensive effect — Article 14 — Safeguards pending return — Basic needs)
 
Results (sanctions) and key consequences of the case:
 
64. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable. 
 
On those grounds, the Court (Grand Chamber) hereby rules:
 
Articles 5 and 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, taken in conjunction with Articles 19(2) and 47 of the Charter of Fundamental Rights of the European Union and Article 14(1)(b) of that directive, are to be interpreted as precluding national legislation which:
  • does not endow with suspensive effect an appeal against a decision ordering a third country national suffering from a serious illness to leave the territory of a Member State, where the enforcement of that decision may expose that third country national to a serious risk of grave and irreversible deterioration in his state of health, and 
  • does not make provision, in so far as possible, for the basic needs of such a third country national to be met, in order to ensure that emergency health care and essential treatment of illness are in fact made available during the period in which that Member State is required to postpone removal of the third country national following the lodging of the appeal.