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CJEU Case C-517/17 P / Opinion

Milkiyas Addis v Bundesrepublik Deutschland

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:

Reference for a preliminary ruling — Area of freedom, security and justice — Asylum policy — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Articles 14 and 34 — Obligation to give applicants for international protection the opportunity of a personal interview before the adoption of a decision declaring the application to be inadmissible — Failure to comply with that obligation in the procedure at first instance — Consequences.

Outcome of the case:

In the light of the foregoing considerations, I propose

that the Court hold that the Bundesverwaltungsgericht (Federal Administrative Court, Germany) should assess whether, in accordance with national procedural rules, the national court or tribunal seised on appeal, in accordance with Article 46 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, is in a position to replicate in full a personal interview pursuant to Article 14 or Article 34 of that directive while ensuring that all the relevant mandatory requirements and guarantees specified by the European legislator in Article 15 of that directive are met. In the event that such a personal interview cannot be adequately replicated, the decision rejecting an application for international protection must be annulled on that basis and the case should be referred back to the determining authority for a new decision.