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CJEU Case C-564/18 / Judgment

LH v Bevándorlási és Menekültügyi Hivatal

Policy area:
Borders and Visa
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (First Chamber)
Decision date:

Key facts of the case:

Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság.

Outcome of the case:

  • Article 33 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 must be interpreted as precluding national legislation which allows an application for international protection to be rejected as inadmissible on the ground that the applicant arrived on the territory of the Member State concerned via a State in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed;
  • Article 46(3) of Directive 2013/32, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding national legislation which sets a time limit of eight days within which a court hearing an appeal against a decision rejecting an application for international protection as inadmissible is to give a decision, where that court is unable to ensure, within such a time limit, that the substantive rules and procedural guarantees enjoyed by the applicant under EU law are effective.