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CJEU Case C-4/11 / Opinion

Bundesrepublik Deutschland v Kaveh Puid

Policy area:
Asylum and migration
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:
Key facts of the case:

Request for a preliminary ruling from the Hessischer Verwaltungsgerichtshof (Germany)

‛Common European Asylum System — Procedures for its judicial enforcement — Council Regulation No 343/2003 — Determination of the Member State responsible for the examination of an asylum application presented by a third country national — Article 3(2) — Rights of asylum seekers — Exceptional situations as defined in Joined Cases C‑411/10 and C‑493/10 N.S. and Others — Article 19(2) — Suspension of transfer of asylum seekers’

Outcome of the case:

I therefore propose the following answer to the question referred by the Hessischer Verwaltungsgerichtshof:

Asylum seekers do not have an enforceable claim to compel an identified Member State to examine their applications for asylum in accordance with the first sentence of Article 3(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third‑country national. However, a national court that cannot be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in the Member State responsible under Regulation No 343/2003 amount to substantial grounds for believing that asylum seekers 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 of the European Union is, within the context of application of Article 19(2) of that regulation, obliged to suspend the transfer of asylum seekers to that Member State.