CJEU - C-63/15 / Judgment Ghezelbash v Staatssecretaros van Veiligheid en Justitie

Key facts of the case:

Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national — Article 12 — Issue of residence documents or visas — Article 27 — Remedies — Extent of judicial scrutiny

Results (sanctions) and key consequences of the case:

...the Court (Grand Chamber) hereby rules:

Article 27(1) 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, read in the light of recital 19 of the regulation, must be interpreted as meaning that, in a situation such as that in the main proceedings, an asylum seeker is entitled to plead, in an appeal against a decision to transfer him, the incorrect application of one of the criteria for determining responsibility laid down in Chapter III of the regulation, in particular the criterion relating to the grant of a visa set out in Article 12 of the regulation.

Paragraphs referring to EU Charter: 
  1. In its judgment of 10 December 2013 in Abdullahi (C‑394/12, EU:C:2013:813), the Court held that Article 19(2) of Regulation No 343/2003 was to be interpreted as meaning that the only way an asylum seeker can challenge the responsibility of a Member State, as Member State of the asylum seeker’s first entry into EU territory, is by pleading systemic flaws in the asylum procedure and in the conditions for the reception of asylum seekers in that latter Member State, which provide substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights.
  1. In particular, it is clear that the EU legislature did not provide for any specific link or, a fortiori, any exclusive link between the legal remedies established in Article 27 of Regulation No 604/2013 and the rule, now set out in Article 3(2) of that regulation, which limits the possibilities for transferring an applicant to the Member State initially designated as responsible where there are systemic flaws in the asylum procedure and in the reception conditions for asylum seekers in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights.