You are here:

CJEU Case C-647/16 / Judgment

Adil Hassan v Préfet du Pas-de-Calais

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Type:
Decision
Decision date:
31/05/2018

Key facts of the case:

Request for a preliminary ruling from the Tribunal administratif de Lille.
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for the examination of an application for international protection lodged in a Member State by a third-country national — Procedures for taking charge and taking back — Article 26(1) — Adoption and notification of the transfer decision before the acceptance of the take back request by the requested Member State.

Outcome of the case:

On those grounds, the Court (Second Chamber) hereby rules:

Article 26(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 must be interpreted as precluding a Member State that has submitted, to another Member State which it considers to be responsible for the examination of an application for international protection pursuant to the criteria laid down by that regulation, a request to take charge of or take back a person referred to in Article 18(1) of that regulation from adopting a transfer decision and notifying it to that person before the requested Member State has given its explicit or implicit agreement to that request.